IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 23116 of 2010 Date of decision : 03.03.2011 Om Parkash … Petitioner Versus State of Punjab and others …Respondents CORAM : HON’BLE MR.JUSTICE PERMOD KOHLI Present: Mr.S.K.Sharma, Advocate for the petitioner. Ms.Anu Pal, AAG, Punjab. Permod Kohli, J. Petitioner retired from service on 31.10.2010 on attaining the age of superannuation. This petition has been filed for quashing the impugned recovery of Rs.74013/- as detailed in Annexure P-2/B and P-2/C dated 2.12.2010 which was granted for jump up/higher responsibility on promotion from Punjabi Teacher to Punjabi Master on the basis of having higher qualification and Proficiency Step up. Vide letter dated 1.12.2010 (Annexure P-1), respondent No.3 passed an order to effect recovery of the promotion increment from the petitioner. In pursuant to the aforesaid order, respondent No.4 ordered the petitioner to pay the entire recovery of Rs.74,013/- (Annexure P-2/A). From the perusal of the impugned orders Annexure P-2/B and P- 2/C dated 2.12.2010, it appears that the benefits were conferred upon the petitioner without any misrepresentation or fraud on his part. Now pay of the petitioner has been re-fixed and recovery ordered. Controversy arisen in this petition, is covered by the judgment of Full Bench Judgment of this Court in case of Budh Ram and others Vs. State of Haryana and others decided on 22.5.2009 wherein, following order has been passed:- “We have, therefore, no hesitation in holding that in case the employee who are receipt of the benefit extended to them on an erroneous interpretation or application of any rule, regulation, circular and instruction have not in any way contributed to such erroneous interpretation nor have they CWP No. 23116 of 2010 committed any fraud, misrepresentation, deception to obtain the grant of such benefit, the benefit so extended may be stopped for the future, but the amount already paid to the employees cannot be recovered from them.” In view of the above, the impugned orders Annexure P-2/B and P-2/C dated 2.12.2010 to the extent of recovery against the petitioner are not tenable in the eyes of law and are hereby quashed. However, respondents are at liberty to re-fix the pay of the petitioner. Petition stands disposed of. ( Permod Kohli ) Judge 03.03.2011 sd 2