IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 1782 of 1990 Date of decision: 12.11.2010 Sham Sunder & others ..Petitioners Versus State of Punjab & others ..Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: None for the petitioners. Mrs. Harman Sullar, AAG, Punjab for respondent No. 1. None for the respondent No. 2. ***** RITU BAHRI, J.(ORAL) In this petition, the petitioners have challenged the order dated 2.2.1990 Annexure P-16. Vide this order a recovery of enhanced payment made to the petitioners in order dated 1.10.1987 has been made. The petitioners were appointed as Superintendent (Grade-I) on current duty charge on 1.10.1987. Subsequently, promotion vide order dated 1987-88 on adhoc basis to the post of Superintendent (G-I) with retrospective effect 1.10.1987 later on the enhanced salary of Rs. 825-1580 was sought to be recovered from three Officials on the ground that they were holding current duty charge and they could not get the salary for the post of Superintendent. While admitting the writ petition the operation of the impugned order P-16 was stayed. After hearing learned counsel for the respondents writ petition deserves to be allowed and oder dated P-16 is liable to be quashed. In view of the Full Bench in the case of Budh Ram and others Versus CWP No. 1782 of 1990 -2- State of Haryana and others 2009(3) P.L.R. Page 511. There was no benefit by way of fraud or misrepresentation. Writ petition is allowed and the order dated 2.2.1990 is hereby quashed. (RITU BAHRI) 12.11.2010 JUDGE Poonam(II)