IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 10191 of 2000 Date of Decision: 04.10.2010 Nar Singh Bishnoi and another .... Petitioners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. H.S. Gill, Advocate for the petitioners Mr. Gaurav Dhir, DAG Haryana for the respondent – State Mr. H.N. Mehtani, Advocate for respondents No. 3 and 4 ALOK SINGH, J. (ORAL) By way of present writ petition, petitioners are assailing order dated 19.5.2000 (Annexures P-11 and P-12). By the impugned order excess amount paid towards dearness allowance to the petitioners is sought to be recovered. Undisputedly, petitioners have not played any fraud or misrepresentation in getting the dearness allowance. Authorities have paid with open eyes and after realising the mistake Authorities are seeking recovery of the excess amount paid to the petitioners. This Court in the matter of Santokh Singh and others vs. State of Punjab and others, reported in 2004(3) RSJ 570 has held that if petitioners have not misled the Authorities in making payment of any allowance, same can not be recovered from the petitioners. Learned counsel for the respondent-State could not point out any material to show that petitioners ever played any fraud or misrepresentation in getting the dearness allowance. C.W.P. No. 10191 of 2000 2 In view of the above, order impugned can not be sustained in the eyes of law. Petition is allowed. Impugned orders are quashed. (ALOK SINGH) 04.10.2010 JUDGE reena