HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.15058 of 2010 (O&M) Date of Decision: 19.09.2011 **** Ram Kishan . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. Mehar Singh, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner continued to draw the benefit of Proficiency Step- up even after the decision of the Hon’ble Supreme Court dated 20.02.2001 in Civil Appeal No.6525 of 1998 (State of Punjab and others v. Harjinder Kaur and others) in terms whereof, the Proficiency Step-up was admissible only on the basis of the ‘regular substantive service’. It is true that the respondents can re-fix the petitioner’s pay after excluding/withdrawing the benefit of ad hoc service but the fact remains that the said benefit was not granted to the petitioner on account of any misrepresentation, deception or fraud committed by him. (2). Applying the ratio decidendi of the Full Bench decision in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 as well as the decision by 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. (3). Consequently, the writ petition is allowed in part and the recovery order is quashed. The respondents are directed to refund the amount if any already recovered from the petitioner within a period of three months from the date of receipt of a certified copy of this order. (4). Ordered accordingly. Dasti. CWP No.15058 of 2010.doc - 2 – 19.09.2011 vishal shonkar (SURYA KANT) Judge 2