Civil Writ Petition No.18150 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.18150 of 2009 Date of Decision:-November 27,2009 The Union of India and others ...Petitioners Versus Smt.Amarjit Kaur and another ...Respondents CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present: Mrs.R.B.Sharma, Advocate for the petitioners. Hemant Gupta, J. (oral) Challenge in the present writ petition is to the order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh on 19.2.2009 (Annexure P3), whereby an original application filed by respondent No.1 was allowed and deduction from the monetary benefits payable to the respondent after the death of her husband Narender Singh, was found to be in violation of principles of natural justice that liberty was granted to the petitioners to pass a fresh order as per law, rules and instructions in this regard. The pay of Narender Singh is sought to be reduced in terms of judgment of this Court in Union of India and others Vs. M.D.Kinger and others CWP No.2604-C of 1998 rendered on 8.11.2006. However, it is not disputed that there was no fraud or mis- representation on the part of deceased Narender Singh in the process of fixation of pay. Therefore, in terms of order of Full Bench Civil Writ Petition No.18150 of 2009 2 of this Court in Budh Ram v. State of Haryana and others (CWP No.2799 of 2008 decided on 22.5.2009), no recovery can be effected from the dues payable to an employee if there is no fraud or mis-representation in granting the benefits to him. In view of the said fact, we do not find any infirmity and illegality in the order of Tribunal, which may warrant interference in the writ jurisdiction of this Court. Dismissed. (Hemant Gupta) Judge (Mehinder Singh Sullar) November 27,2009 Judge AS