IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.2325 of 2011 Date of Decision : February 08, 2011. Jai Bahadur .....Petitioner versus Punjab State Power Corporation Ltd. and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.H.S.Dhandi, Advocate, for the petitioner. Mr.Sukhbir Mattewal, Advocate, for the respondents. -.- 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? --- Surya Kant, J. (Oral) Notice of motion. On the asking of the Court, Mr.Sukhbir Singh Mattewal, Advocate, accepts notice on behalf of the respondents. In view of the nature of order which I propose to pass, there is no need to seek any counter-reply from the respondents at this stage. The petitioner joined the erstwhile Punjab State Electricity Board (now Power Corporation) as a Khalasi on 17.4.1974 and he has retired from the post of Junior Pump Attendant w.e.f. 30.4.2010 on attaining the age of superannuation. While the petitioner is awaiting for the payment of retiral dues, the respondents have slapped him with the impugned order dated 12.1.2011 (Annexure P-4) whereby the time bound C.W.P.No .2325 of 2011 2 pay scales granted to him on completion of 9 and 16 years' of service have been withdrawn and consequential recovery is sought to be effected. Having heard learned counsel for the parties, I am of the considered view that no recovery can be effected from the petitioner as laid down by a Full Bench of this Court in Budh Ram and others versus State of Haryana and others, 2009 (3) S.C.T.333 as well as by the Hon'ble Supreme Court in (2010) 1 SCC 440 (Registrar, Cooperative Societies, Haryana and others versus Israil Khan and others). For the reasons aforestated, the writ petition is allowed in part and the impugned order dated 12.1.2011 (Annexure P-4) is quashed to that effect and the respondents are directed to release the with-held amount as well as the retiral dues of the petitioner within a period of two months from the date of receiving a certified copy of this order, failing which the petitioner shall be entitled to claim interest @ 7% per annum, Ordered accordingly. Dasti. February 08, 2011 (SURYA KANT) Mohinder JUDGE