CWP No.11910 of 1991 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11910 of 1991 Date of decision: February 02, 2011 Sukhdev Raj .....Petititoner VERSUS State of Punjab and others .....Respondents CORAM: HON'BLE MR JUSTICE T.P.S.MANN PRESENT: Mr Gaurav Chopra, Advocate for the petitioner. Ms Harman Sullar, Assistant Advocate General, Punjab for the respondents. <><><><> 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? T.P.S.MANN, J. (Oral): The petitioner is aggrieved of the order dated 26.7.1991 (Annexure P-5) passed by respondent No.1 whereby the special pay being received by him as Personal Assistant of Director State Transport, Punjab was ordered to be stopped with immediate effect and it was further directed that necessary recovery be immediately made from him. At the outset, learned counsel for the petitioner states that the petitioner does not challenge the stoppage of the special pay of Rs.100/- which he had been earlier getting being Personal Assistant of Director State Transport, Punjab. However, the petitioner limits his challenge to the CWP No.11910 of 1991 -2- recovery of the special pay being effected from him. After hearing learned counsel for the parties, I find that the recovery of the special pay being effected from the petitioner cannot be sustained in view of a Full Bench judgment of this Court in Budh Ram and others vs State of Haryana and other , 2009 (3) P.L.R. 511 as the petitioner had not committed any fraud, misrepresentation or deception while obtaining the benefit of the special pay. On the other hand, the petitioner was recipient of the said benefit extended to him by the Department on an erroneous interpretation of the instructions. In view of the above, it is directed that recovery of the special pay earlier granted to the petitioner be not effected. The writ petition is, accordingly, disposed of. (T.P.S.MANN) February 02, 2011 JUDGE Pds.