CWP No.3493 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.3493 of 2010 Date of Decision: 11.10.2010 **** Tarsem Lal . . . . Petitioner VS. Punjab State Electricity Board & Anr. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Gagneshwar Walia, Advocate for the petitioner Ms. Geeta Sharma, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner, who is a retired Assistant Lineman from the erstwhile Punjab State Electricity Board, seeks quashing of the order dated 16.07.2008 (Annexure P2) vide which recovery of `89252/- has been ordered to be effected from him after withdrawing the benefit of the Time Bound Promotional Scale earlier granted to him. (2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter- reply/affidavit in which nowhere it is alleged that the petitioner misled the authorities or played any CWP No.3493 of 2010.doc - 2 – fraud or deceived them to secure the undeserving monetary benefit(s). (3). Applying the ratio decidendi of the decision in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 decided by a Full Bench of this Court and a later decision of the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440, I am of the considered view that no recovery can be effected from the petitioner. (4). Consequently, the writ petition is allowed; recovery order dated 16.07.2008 (Annexure P2) is hereby quashed and the amount recovered from the petitioner is ordered to be refunded to him within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 11.10.2010 vishal shonkar