HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.10139 of 2001 (O&M) Date of Decision: 02.09.2011 **** Baldev Singh Sidhu . . . . 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. Kapil Kakkar, Advocate; Mr. RK Arora, Advocate; Mr. YM Bhagirath, Advocate for the petitioner(s) Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT, J. (ORAL) (1). This order shall dispose of CWP Nos.10139 of 2001; 18880 of 2010; & 1026 of 2011 as issues involved are common in nature. The petitioner(s) are serving/retired Masters/Mistresses in the Education Department, Government of Punjab. They are aggrieved by the action of the respondents in withdrawing the benefit of additional increments/Special Allowance already granted to them and consequently effecting recoveries from their pay/Gratuity. (2). In so far as recovery is concerned, learned counsel for the parties are ad idem that the issue stands answered in favour of the petitioners by a Full Bench decision of this CWP No.10139 of 2001.doc - 2 - Court in Budh Ram v State of Haryana & Ors. 2009[3] PLR, 511. (3). Consequently, the recovery order(s) is/are hereby quashed. Recovery, if any effected from the petitioner(s), shall be refunded to them within a period of four months from the date a certified copy of this order is received. (4). As regards the petitioners’ claim for restoring the benefit of increments/Special Allowance, as stated above, this Court vide order dated 02.03.2010 passed in CWP No. 16323 of 2008 [Smt. Sudarshana Devi & Anr. V State of Punjab & Ors.] has constituted an Officers' Committee to look into such like claims which essentially require verification of the facts on case to case basis. The writ petition qua the afore-stated relief, is accordingly disposed of by relegating the petitioner(s) to the Officers' Committee, who shall consider the same in accordance with the Rules/Government instructions and shall make appropriate recommendations after hearing the petitioner (s) in person, if so required. The needful shall be done within a period of four months from the date a certified copy of this order is received. (5). Till the Committee takes any appropriate decision, the petitioners shall continue to draw their pay/retiral benefits as per the reduced/re-fixed rate. (6). Dasti . CWP No.10139 of 2001.doc - 3 - 02.09.2011 vishal shonkar (S u r y a K a n t) Judge