HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.12638 of 2009 (O&M) Date of Decision: 16.09.2011 **** Pohla Singh . . . . Petitioner VS. State of Punjab & Anr. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. AK Walia, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT J. (ORAL) (1). The petitioner retired from the office of Sub Divisional Magistrate, Kharar as a Senior Assistant w.e.f. 30.11.2008. The impugned order dated 05.08.2009 (Annexure P6) has been passed after his retirement postponing the date of grant of Proficiency Step-up on completion of 16 years’ service and consequently, the benefit of ACP has been withdrawn resulting into an order of recovery as well. (2). The respondents have filed their reply/affidavit wherein it is stated that the petitioner’s pay was earlier inadvertently fixed overlooking the clarification contained in the Government letter dated 01.09.1989 (Annexure R2). The petitioner on the other hand relies upon the Government Circular dated 10.03.1997. (3). I have heard learned counsel for the parties at some length and perused the record. CWP No.12638 of 2009.doc - 2 - (4). Since the respondents have nowhere averred that the petitioner misled the authorities or played fraud while getting the favourable pay fixation, the impugned order (Annexure P6) to the extent of recovery is liable to be quashed as ruled by a Full Bench of this Court in Budh Ram & Ors. vs. State of Haryana & Ors. 2009(3) PLR 511. The order under challenge to the extent of recovery is accordingly quashed and the amount, if any withheld, is directed to be released to the petitioner within two months from the date of receipt of a certified copy of this order. (5). As regards pay fixation on grant of Proficiency Step-up/ACP, the Deputy Commissioner, SAS Nagar Mohali is directed to re-consider the claim of the petitioner in consultation with the Chief Accounts Officer and/or any other Officer from the Finance Department and dispose of the same by passing a speaking order within a period of four months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. Dasti. 16.09.2011 vishal shonkar (S u r y a K a n t) Judge 2