IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.16487 of 2009 (O&M) Date of Decision : February 01, 2010. Darbara Singh .....Petitioner versus State of Punjab and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.S.K.Arora, Advocate, for the petitioner. Ms.Charu Tuli, Senior Deputy Advocate General, Punjab. -.- 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? --- ORDER Surya Kant, J. (Oral) Notice of motion. Ms.Charu Tuli, Senior Deputy Advocate General, Punjab accepts notice on behalf of the repsondents. In view of the nature of the order which I propose to pass, there is no necessity to seek any counter-reply from the respondents at this stage. The petitioner joined the Education Department, Government of Punjab as a Peon on 5.10.1970 and retired on attaining the age of superannuation on 31.3.2007. A recovery notice was served upon him C.W.P.No .16487 of 2009 (O&M) 2 after withdrawing the benefit of proficiency step-up, which the petitioner successfully challenged before this Court in CWP No.10817 of 2005, allowed on 20.12.2007 (Annexure P1). The petitioner has again approached this Court alleging that the amount already recovered from him pursuant to the recovery notice which already stands quashed in the earlier writ petition, has not been refunded to him so far, despite repeated requests. After hearing learned counsel for the parties at some length I am of the considered view that if the plea taken by the petitioner was to be true, there can indeed be no doubt that he is entitled to be refunded the amount recovered pursuant to an illegal notice, which has already been quashed by this Court. The writ petition is accordingly disposed of with a direction to the respondents that in case any recovery has been effected from the petitioner, the same be refunded to him within a period of four months from the date of receiving a certified copy of this order. Disposed of. Dasti. 01-02-2010 (SURYA KANT) Mohinder JUDGE