Civil Writ Petition No. 6668 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Civil Writ Petition No. 6668 of 2011 Date of Decision : 20.4.2011 **** Manohar Lal ............ Petitioner Versus State of Punjab through its Secretary to Government of Punjab, Local Self Govt. Punjab & others ......... Respondents CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. P.K. Goklaney, Advocate for the petitioner. **** AUGUSTINE GEORGE MASIH,J. (ORAL) Prayer in the present writ petition is for refund of the amount recovered from the petitioner as excess on account of grant of proficiency step up to the petitioner by the respondents. It is the contention of the learned counsel for the petitioner that there is no allegation of fraud, misrepresentation or concealment, on the part of the petitioner, and the said benefit was granted to him on its own by the respondents. Relying upon the Full Bench judgment of this Court in the case of Budh Ram & others vs. State of Haryana & others (Civil Writ Petition No. 2799 of 2008, decided on 22.5.2009) reported as 2009(3) PLR 511 as also the judgment of this Court in the case of Kaur Chand vs. State of Punjab & others, CWP No. 697 of 2010, decided on 2.3.2010, he submits that the petitioner is entitled to the refund of the amount, so Civil Writ Petition No. 6668 of 2011 -2- recovered by the respondents. His further contention is that the petitioner has already made a representation in this regard through a legal notice dated 1.2.2011 (Annexure P-2) and the petitioner would be satisfied at this stage, if a direction is issued to take decision thereon and release the consequential benefits to him within some specified time. Without going into the merits of the case, nor commenting thereon, the present writ petition is disposed of with the direction to respondent No.4 to consider the claim of the petitioner, which he has projected in his legal notice dated 1.2.2011 (Annexure P-2) and in the light of the judgments referred therein, take a decision thereon within a period of two months from the date of receipt of certified copy of this Court. It goes without saying, in case the petitioner is held entitled to the refund of the excess amount recovered, the same shall be released to him within a period of four weeks thereafter. 20.4.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE