IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12883 of 1989 Date of Decision: 16.03.2011 Harjit Singh & Ors. ...Petitioners Vs. The State of Punjab &Ors. ...Respondents CORAM Hon'ble Mr. Justice K.Kannan, Present: Mr.Inderjit Sharma, Advocate, for the petitioners. Ms.Rita Kohli, Addl. A.G., Punjab, for respondents No.1, 2 and 4. Mr.Arun Sharma, Advocate, for respondent No.3. --- K.Kannan, J . (Oral) 1. The matter in challenge relates to an attempt for recovery of some benefits given to the petitioners treating them as entitled to some House Rent Allowance for Class-A City, whereas they were not residents of Class A City but Class-B City and hence not entitled to special allowance. 2. The issue is covered by a Full Bench ruling of this Court in the case of Budh Ram Vs. State of Haryana 2000 (3) PLR 511, that if Government servant obtains benefit which cannot be attributed to any fraud or misrepresentation, the same cannot be a subject of recovery. The judgment also cites instance of a patent clerical error under which somebody obtains monetary benefit. The benefit already given could not be a subject of recovery although the writ petitioners cannot insist that they should also obtain the same benefit in future as well. CWP No.12883 of 1989 2 3. The action of recovery is quashed but the State will be at liberty to deny the petitioners House Rent Allowance for Class-A City if the petitioners are not entitled to such status and benefit for future. The writ petition is disposed of in the above terms. (K.Kannan) 16.03.2011 Judge rp