CWP No.21706 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.21706 of 2008 (O&M) Date of Decision: 01.11.2010 **** Chander Kumar . . . . Petitioner VS. PSEB and others . . . . . 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. Manish Prabhakar, Advocate for the petitioner Mr. Ajaib Singh, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner retired from the post of SSO in the respondent-Board on attaining the age of superannuation w.e.f. 30.09.2005. He seeks quashing of the order dated 05.05.2008 (Annexure P5) whereby a sum of `96282/- has been ordered to be recovered from his Death-cum-Retirement Gratuity on withdrawal of the time-bound promotional scale earlier granted to him. The petitioner also seeks refund of the afore-stated amount along with interest. CWP No.21706 of 2008.doc - 2 – (2). The respondents have filed their counter- reply/affidavit defending the impugned action. (3). It is, however, no-where alleged by the respondents in their reply that the petitioner misrepresented the facts; played any fraud or deceived the authority in order to secure any undeserving monetary benefits. (4). 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 well as by the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440. (5). The writ petition is accordingly allowed in part; the impugned order dated 05.05.2008 (Annexure P5) is hereby quashed. The withheld/recovered amount, if any, is directed to be refunded to the petitioner within a period of three months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. Dasti. CWP No.21706 of 2008.doc - 3 – 01.11.2010 vishal shonkar (SURYA KANT) JUDGE