CWP No.7071 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.7071 of 2010 (O&M) Date of Decision: 17.05.2010 **** Tirath Ram . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Ms. Jyoti Sareen, Advocate for the petitioner Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner retired as a Senior Assistant from the PWD (B&R) Department, Central Works Division, Hoshiapur w.e.f. 31.05.2009 on attaining the age of superannuation. He impugns the order dated 11.12.2009 (Annexure P4), whereby, recovery of Rs.1,05,201/- has been ordered to be effected from his retiral dues on account of alleged wrong grant of Proficiency Step- up given to him while in service. (2). The respondents in the impugned order have nowhere alleged that the petitioner misled the CWP No.7071 of 2010.doc - 2 – authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s). That being so, no recovery can thus be effected from him in view of the law laid down by a Full Bench of this Court in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511. (3). The impugned recovery order is hereby quashed and the respondents are directed to release the retiral benefits/ pension of the petitioner within a period of two months from the date of receipt of a certified copy of this order. (4). Ordered accordingly. (5). Dasti . (SURYA KANT) JUDGE 17.05.2010 vishal shonkar