CWP No.9023 of 2002 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.9023 of 2002 Date of decision : 07-09-2010 Dr. Rameshwar Chander and others .... Petitioners VERSUS The State of Punjab and others ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. N.D. Kalra, Advocate, for the petitioners. Mr. Salil Sagar, Addl. AG, Punjab. KANWALJIT SINGH AHLUWALIA, J. (Oral) The present writ petition has been filed with a prayer that Executive Instructions dated April 17, 2000 (Annexure P-2) and letter dated February 15, 2002 (Annexure P-6) be quashed and respondents be directed not to reduce the monthly emoluments drawn by the petitioners. Petitioners were working as Senior Medical Officers in the Health Department of Government of Punjab. Their initial pay scale was of Rs.3000-4500. However, they were drawing salary in the pay scale of Rs.3700-5300 after they had completed 18 years of service. Case of the petitioners is that after revision of pay-scale w.e.f. 1.1.1996 they were to be placed in the pay scale of Rs.14300-18150 as they have completed 14 years of total regular service in the entry CWP No.9023 of 2002 -2- scale whereas the case of the respondents is that for fixing the salary, those persons, whose salary was fixed at Rs.3700-5300, were first to be fixed in the initial revised scale of Rs.12000-15500 and thereafter by granting the benefit of Assured Career Progression Scheme, their pay is to be fixed in the pay scale of Rs.14300-18150. It is stated that wrongly the basic pay of the petitioners was fixed at Rs.17,700/- on 1.1.1998 instead of Rs.17546/-. The rationale adopted by the Department to fix the salary of the petitioners is just and is according to functional chart. A uniform procedure has been adopted qua all the employees. The interpretation, as projected by the petitioners that their pay should be fixed according to their understanding cannot be accepted. Petitioners' prayer that they should be placed in the scale of Rs.14300-18150 is liable to be rejected. The reasoning given by the Department that first petitioners are to be placed in the scale of Rs.12000-15500 and thereafter by giving the benefit of assured career progression scheme, their pay is to be fixed in the scale of Rs.14300-18150 is just and proper. Hence, the claim of the petitioners cannot be entertained. The second prayer made in the present petition is that if the Department has wrongly fixed the pay scale of the petitioners initially at Rs.17700/-, and actually the petitioners have also drawn the same, no recovery be made from them in view of the ratio of law rendered in a Full Bench of this Court reported as Budh Ram and others versus State of Haryana and others, 2009(3) SCT 333. It is held in Budh Ram's case (supra) that if there is no deception, misrepresentation on the part of the employee, no recovery can be effected from him of the CWP No.9023 of 2002 -3- amount paid in excess. There is merit in this contention. It was held by Full Bench as under:- “10. ........ Having induced that belief in the employee and made him change his position and arrange his affairs in a manner that he would not otherwise have done, it would be unfair, inequitable and harsh for the Government to direct recovery of the excess amount simply because on a true and correct interpretation of the rules, such a benefit was not due .........” Mr. Kalra states that the recovery of the excess amount has been made from the petitioners. He submits that the same be ordered to be refunded to the petitioners. Hence, the present writ petition is partly accepted. The amount, if recovered, be refunded to the petitioners. However, there will be no order as to costs. (KANWALJIT SINGH AHLUWALIA) 07-09-2010 JUDGE manju