Civil Writ Petition No. 2619 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 2619 of 2011 Date of decision : 03.10.2011 Surinder Kaur Mehta ....Petitioner V/s State of Punjab and another ....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Ms. Monika Goyal, Advocate for the petitioner. Mr. B.S. Chahal, DAG Punjab. RAJAN GUPTA J. (ORAL) The petitioner has prayed for issuance of a writ in the nature of mandamus directing the official respondents to refund the recovery already made and to refix the salary and pension of the petitioner. Learned counsel for the petitioner submits that petitioner has been appointed as Mistress in the Education Department with effect from 11.02.1976 and retired on 28.02.2005. She was entitled to three increments on account of being M.A. 2nd class in accordance with instructions of Government dated 23.07.1957. At the time of fixation of pay with effect from 01.01.1978 in wake of report of Second Pay Commission, her juniors starting drawing higher pay than her. She thus preferred Civil Writ Petition No. 9943 of 1989 before this court. In view of decision rendered therein, her pay was refixed. Thereafter, show cause notice was issued to the petitioner to explain why her pay be not refixed in light of orders of Civil Writ Petition No. 2619 of 2011 2 Government dated 02.07.2004. After considering the reply of the petitioner, her pay was reduced by Circle Education Officer, Patiala Division, Nabha vide order dated 06.01.2006. Recovery of `1,37,045/- was effected from Death-cum-Retiral Gratuity payable to the petitioner. According to her, the said amount could not have been recovered from the petitioner. Legal notice, Annexure P-4 was also served on the respondents in this regard. However, no decision has been taken thereon. Learned State counsel submits that in case a direction is issued to decide the legal notice aforesaid, the State would have no objection. Under the circumstances, it is directed that decision on the legal notice (Annexure P-4) served upon the respondents shall be taken expeditiously preferably within a period of two months of receipt of certified copy of this order. Disposed of. October 03, 2011 (RAJAN GUPTA) Ajay JUDGE