IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.20040 of 2009 Decided on : 14.07.2010 Satnam Singh & another ... Petitioners versus Punjab State Electricity Board & others ... Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Rajeshwar Singh, Advocate for the petitioners. Mr. Sukhbir Singh, Advocate for the respondents. **** 1.To be referred to the reporters or not? 2.Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (1) Reply filed by learned counsel for the respondents is taken on record. (2) In the instant petition, the petitioners seek quashing of the orders dated 08.10.2008 and 28.10.2009 (Annexure P-1 & P-2) whereby recovery of Rs.1,92,906/- has been ordered to be effected on account of the alleged excess payment of dearness allowance on the 'family pension' paid to Smt. Mohinder Kaur as well as on account of the excess payment of 'family pension' itself after her death. (3) In the written statement, the respondents have nowhere alleged that the petitioners or their predecessor Smt. Mohinder Kaur ever misrepresented the facts or took the monetary benefits by playing fraud on the authorities. That being so, no recovery can be effected from the petitioners in view of the Full Bench decision of this Court in Budh Ram & others vs. State of Haryana & others (CWP No.2799 of 2008) decided on 22.05.2009. (4) For the reasons afore-stated, the impugned orders of recovery (Annexure P-1 & P-2) are hereby quashed. If any recovery has already been effected from the petitioners, it is directed to be refunded to them within a period of three months from the date of receipt of certified copy of this order. (5) Disposed of. (6) Dasti. July 14, 2010 (SURYA KANT) sonia JUDGE