RSA No. 2703 of 2009 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 2703 of 2009 Date of Decision: 22.7.2009 State of Punjab and others ......Appellants Versus Dharmatma Singh .......Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA. 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: Ms. Ambica Luthra, AAG, Punjab, for the appellants. HEMANT GUPTA, J. (Oral). The defendants are in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby recovery sought to be effected from the plaintiff on account of payment of special pay to the plaintiff, was found to be illegal and thus, struck down. It was found that special pay of Rs.50/- has merged into his basic pay as a result of the promotion of the plaintiff from the post of Patwari to Assistant Revenue Clerk and, thus, the defendants cannot recover the amount of special pay, which was allegedly wrongly given to the plaintiff. The reasoning given by the Courts below cannot be said to be suffering from any patent illegality or irregularity. Recently, a Full Bench of this Court in Budh Ram v. State of Punjab (Civil Writ Petition No.2799 of 2008 decided on 22.5.2009) has examined the question and held that the RSA No. 2703 of 2009 (2) payment made in excess without any fraud or misrepresentation on the part of a Government employee, cannot be recovered from him. In view of the aforesaid judgment, I do not find that the finding recorded by the Courts below gives rise to any substantial question of law in the present second appeal. Hence, the present appeal is dismissed. (HEMANT GUPTA) JUDGE 22-07-2009 ds