IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.1358 of 2009 Date of Decision: December 17, 2009 Tarsem Lal & Others .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Sandeep Arora, Advocate, for the petitioners. Mr. B.S. Chahal, Deputy Advocate General, Punjab, for the respondents. . . . AJAI LAMBA, J (Oral) This petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari, quashing Order dated 16/17.12.2008 (Annexure P-4) passed by respondent No.2 i.e. Director, Technical Education & Industrial Training, Punjab. Annexure P-2 indicates that Principal, Pandit Jagat Ram Government Polytechnic, Hoshiarpur, where the petitioners CWP No.1358 of 2009 [2] had been serving, vide Office Order dated 12.6.1990 showed Grade IV Lab Attendant to the level of Grade III Attendants. Resultantly, promotion was given at the level of the Principal, whereas the Principal is not the competent authority. When the matter came to light, the Director of the department cancelled the higher grade of promotional post and directed recovery to be effected from the petitioners. Learned counsel for the petitioners contends that challenge in the petition is only to recovery. The release of benefits had not been actuated by the petitioners by way of playing fraud or misrepresenting the facts, and therefore, the issue is covered by judgment dated 22.5.2009 rendered by the Full Bench of this Court in Civil Writ Petition No.2799 of 2008 (Budh Ram & Others vs. State of Haryana & Others). Learned counsel for the respondents contends that because the claim is confined to recovery only and there is no evidence or material to indicate any fraud or misrepresentation on the part of the petitioners, the issue would be covered by Budh Ram’s case (supra). This petition is accordingly allowed in limited terms of judgment dated 22.5.2009 rendered by the Full Bench of this CWP No.1358 of 2009 [3] Court in Civil Writ Petition No.2799 of 2008 (Budh Ram & Others vs. State of Haryana & Others). It is held that the respondents would have no right to effect recovery from the petitioners in consequence of issuance of letter, Annexure P-4. (AJAI LAMBA) December 17, 2009 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?