Civil Writ Petition No.7594 of 2007(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.7594 of 2007(O&M) Decided on : 16-09-2009 Harmohinder Kaur (deceased) through LRs. .... Petitioners VERSUS The Punjab State Electricity Board, Patiala & others .... Respondents CORAM:- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL. Present:- Mr. A.K. Walia, Advocate, for the petitioners. Mr. Parminder Singh, Advocate, for the respondents. SATISH KUMAR MITTAL, J (Oral). The petitioner has filed the instant petition for quashing the recovery of Rs.97675/-, which has been partly recovered from her salary and partly from her leave encashment. During the pendency of this petition, unfortunately the petitioner has expired and his legal representatives have been impleaded as parties vide order dated 11.5.2009. With the consent of the parties, the main case has been taken up for hearing. It is admitted case of the parties that the aforesaid amount has been recovered from the deceased petitioner on account of wrongly granting of additional increments to her on Civil Writ Petition No.7594 of 2007(O&M) -2- completion of 9/16 years of service. After withdrawing the said benefit, the pay of the petitioner has been refixed and the aforesaid amount has been ordered to be recovered from her. During the course of arguments, learned counsel for the petitioners states that as far as the refixation of the pay of the deceased petitioner is concerned, he is not disputing the same. He confines his prayer only to the extent of the recovery made from her on account of the said re-fixation of pay. He submits that no recovery on account of the excess amount already paid to her can be made from the deceased petitioner as she did not play any fraud or made any misrepresentation. He further states that the case of the petitioners is squarely covered by Division Bench judgments of this Court in C.W.P. No.6730 of 2006, decided on 21.5.2007 (Karnail Singh Vs. The Punjab State Electricity Board, Patiala and another and C.W.P. No.3827 of 2006, decided on 24.5.2007 (Sardara Singh Vs. Punjab State Electricity Board and others. Counsel for the respondents has admitted the aforesaid position and states that in view of the aforesaid judgments, no recovery can be made from the deceased petitioner on account of withdrawal of additional increments granted to her on completion of 9/16 years of service. Therefore, in view of the aforesaid legal and conceded position, counsel for the respondents, on instructions from Mr. Hardeep Singh Sidhu, Senior Executive Engineer, states that the amount of Rs.97675/-, Civil Writ Petition No.7594 of 2007(O&M) -3- which was recovered from the deceased petitioner, will be refunded to the LRs of the deceased petitioner within a period of three months. In view of the said statement made by counsel for the respondents, this petition is disposed of with a direction to the respondents to refund the said amount, which was deducted from the salary and leave encashment of the deceased petitioner, to the LRs of the deceased petitioner, within a period of three months from the date of the receipt of copy of this order. 16th September, 2009. (SATISH KUMAR MITTAL) Monika JUDGE