CWP No.18006 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.18006 of 2009 Date of Decision: 15.07.2010 **** Sat Pal . . . . Petitioner VS. Punjab State Electricity Board & Ors. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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: Mr. Gagneshwar Walia, Advocate for the petitioner Mr. Chetan Dayal, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner joined the PSEB as a Lower Division Clerk and retired from the post of Upper Division Clerk w.e.f. 31.03.2008 on attaining the age of superannuation. After the retirement, the respondents have passed the impugned order dated 10.07.2008 (Annexure P2) whereby a sum of Rs.1,04,566/- is sought to be recovered from the petitioner’s Gratuity on the pretext that the promotional pay scale was erroneously granted to the petitioner while in service. CWP No.18006 of 2009.doc - 2 – (2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter- reply/affidavit in which nowhere it is alleged that the petitioner ever misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s). (3). Applying the ratio decidendi of the Full Bench decision in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 and a later decision of the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440 virtually approving the principles laid down in Budh Ram’s case (supra), I am of the considered view that no recovery can be allowed to be effected from the petitioner. (4). Consequently, the writ petition is allowed; the action of the respondents in ordering recovery of Rs.1,04,566/- is hereby quashed. Recovery, if any, already effected is ordered to be refunded to the petitioner within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) CWP No.18006 of 2009.doc - 3 – JUDGE 15.07.2010 vishal shonkar