HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.22529 of 2010 (O&M) Date of Decision: 16.09.2011 **** Mohinder Singh . . . . Petitioner VS. State of Punjab & 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. RK Arora, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT, J. (ORAL) (1). The petitioner initially joined the Indian Army on 19.04.1968 and soon after his discharge he joined as Chowkidar in the Education Department, Government of Punjab on 12.12.1987. The petitioner has now retired and is aggrieved at the action of withdrawal of the benefit of increments granted to him on account of his military service and consequential recovery is being effected. His retiral benefits such as pension, commutation of pension and gratuity have also not been released. (2). As far as the recovery is concerned, learned counsel for the parties are ad idem that the issue stands answered in favour of the petitioner by a Full Bench decision of this Court in Budh Ram v State of Haryana & Ors. 2009[3] PLR, 511. CWP No.22529 of 2010.doc - 2 - (3). Consequently, the recovery order(s) is/are hereby quashed. Recovery, if any effected from the petitioner, shall be refunded to him within a period of four months from the date a certified copy of this order is received. (4). As regards the petitioner's claim for restoring the benefit of increments, as stated above, this Court vide order dated 02.03.2010 passed in CWP No. 16323 of 2008 [Smt. Sudarshana Devi & Anr. V State of Punjab & Ors.] has constituted an Officers' Committee to look into such like claims which essentially require verification of the facts on case to case basis. The writ petition qua the afore-stated relief, is accordingly disposed of by relegating the petitioner to the Officers' Committee, who shall consider the same in accordance with the Rules/Government instructions and shall make appropriate recommendations after hearing the petitioner in person, if so required. (5). The needful shall be done within a period of four months from the date a certified copy of this order is received. (6). Till the Committee takes any appropriate decision, the respondents are directed to release the retiral benefits/dues of the petitioner as per the reduced/re-fixed pay. (7). Dasti . 16.09.2011 vishal shonkar (S u r y a K a n t) Judge