IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No. 12933 of 2009 DATE OF DECISION : SEPTEMBER 2, 2009 KRISHNA KUMARI AND ORS. ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Amit Mehta, Advocate, for the petitioner(s). Ms. Charu Tuli, Senior DAG, Punjab. AJAI LAMBA, J. (Oral) This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing orders dated 18.2.2009, 29.4.2009 and 2.1.2009, Annexures P-4, P-5 and P-7, respectively, under which three advance increments released in favour of the petitioners on acquiring higher qualification of Gaini with Civil Writ Petition No. 12933 of 2009 2 effect from 12.5.1975, are sought to be withdrawn, pay refixed and recovery ordered. Learned counsel for the petitioners states that the prayer in the petition is confined only to the issue of recovery being effected from the petitioners. Learned counsel for the petitioners contends that the petitioners did not play any fraud and did not misrepresent the facts on account of which the advance increments were granted, therefore, recovery cannot be effected from them. In these regards, learned counsel for the petitioners relies on Full Bench judgment of this Court rendered in CWP 2799 of 2008 (Budh Ram and others v. State of Haryana and others) decided on 22.5.2009. Learned counsel for the respondent-State has not been able to distinguish the judgment in Budh Ram's case (supra). Learned counsel for the respondent-State has further not been able to draw the attention of the Court towards any material or evidence to indicate that the petitioners had played any fraud or had misrepresented the facts to actuate grant of advance increments to the petitioners on account of their acquiring higher qualification of Gaini. Considering the law as laid down in Budh Ram's case (supra), this petition is allowed to the limited extent that the respondents would have no right to effect recovery from the petitioners on account of erroneous fixation of pay. Accordingly, the respondents are directed to release all the retiral benefits of the petitioners without deducting any amount on account of the proposed recovery. The retiral benefits be Civil Writ Petition No. 12933 of 2009 3 released within 4 months of receipt of certified copy of this order. September 2, 2009 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?