CWP No.10802 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.10802 of 2009 Date of Decision: 16.09.2010 **** Gurmukh Singh . . . . 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. IPS Kohli, Advocate for the petitioner Mr. SS Mattewal, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner, who retired in the rank of Foreman from the respondent-Board w.e.f. 31.03.2009 on attaining the age of superannuation, is aggrieved by the deduction/recovery of `1,89,274/- from his leave encashment on account of the alleged wrong fixation of his pay. It is also alleged that the petitioner has not been paid his retiral dues so far. (2). Pursuant to the notice of motion, the respondents have filed their counter-reply/affidavit wherein it is no-where averred that the petitioner ever CWP No.10802 of 2009.doc - 2 – misrepresented the facts, played any fraud or deceived the authority in order to secure any undeserving monetary benefits for himself. (3). That being the state of affairs, no recovery can be allowed to be effected from the petitioner, as ruled by a Full Bench of this Court in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 as also recently by the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440. (4). The writ petition is accordingly allowed in part; the impugned action ordering recovery of `1,89,274/- is hereby quashed and the recovery amount is ordered to refunded to the petitioner within a period of three months from the date of receipt of a certified copy of this order. It is further directed that all the pension/retiral dues of the petitioner be also released within the stipulated period, if already not released. (5). Ordered accordingly. Dasti. (SURYA KANT) JUDGE 16.09.2010 CWP No.10802 of 2009.doc - 3 – vishal shonkar