HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.22763 of 2010 (O&M) Date of Decision: 04.07.2011 **** Inderjit Kaur . . . . Petitioner VS. State of Punjab & Ors. . . . . 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: Mr. SS Grewal, Advocate for the petitioner Mr. BS Chahal, DAG Punjab **** SURYA KANT, J. (ORAL) (1). The petitioner retired as Senior Assistant from the Department of Printing and Stationery, Government of Punjab w.e.f. 31.05.2008 on attaining the age of superannuation. She is aggrieved by the orders dated 22.10.2008 & 16.12.2008 (Annexure P3 & P4, respectively) vide which a sum of Rs.57,278/- has been ordered to be deducted from her Gratuity upon withdrawal of the benefit of Proficiency Step-up granted to her erroneously. (2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter-reply/affidavit. It is nowhere averred by the respondents that the petitioner CWP No.22763 of 2010.doc - 2 – misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s). (3). Applying the ratio decidendi of the Full Bench decision in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 as well as the decision by the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440, I am of the considered view that no recovery can be effected from the petitioner. (4). Consequently, the writ petition is allowed and the impugned recovery order(s) dated 22.10.2008 & 16.12.2008 (Annexure P3 & P4, respectively) to the extent ordering recovery from the petitioner, are hereby quashed. The respondents are directed to refund the amount, if any already recovered from the petitioner, within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. Dasti. 04.07.2011 vishal shonkar (S u r y a K a n t) Judge