CWP No.18962 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.18962 of 2010 Date of Decision: 17.12.2010 **** Surmukh Singh & Anr. . . . . Petitioners 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. RK Arora, Advocate for the petitioners Mr. HS Brar, Addl. AG Punjab for respondents No.1to4 Mr. Surinder Kapoor, Advocate for respondent No.5 ***** SURYA KANT J. (ORAL) (1). The petitioners, who are/were working as Pump Operators/Tractor Drivers, are aggrieved against the recovery sought to be effected from them on the basis of an audit objection against the grant of revised pay scale(s) to the petitioners on implementation of the Third Pay Commission. (2). The respondents have filed their counter- reply/affidavit, in Court which is taken on record. It is nowhere averred by the respondents that the petitioners misled or played any fraud or deceived CWP No.18962 of 2010.doc - 2 – the authorities 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 action of the respondents in ordering recovery from the petitioners is hereby quashed. The respondents are directed to refund the amounts recovered from the petitioner(s) within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. Dasti. 17.12.2010 vishal shonkar (SURYA KANT) JUDGE