RSA No.1321 of 1987 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No. 1321 of 1987 Date of decision 28.11.2009 Harbhajan Singh and others ... Appellants Versus Chairman, Bhakra Beas Management Board and another ... Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR Present: None for the parties. 1.To be referred to the Reporter or not ? 2.Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. The short issue raised in the instant appeal filed by plaintiff- appellant under Section 100 of the Code of Civil Procedure, 1908 is 'whether the excess amount of Travelling allowance paid to the plaintiff- respondents was recoverable after the pay scales were revised with retrospective effect'. The case set up by the plaintiff-respondents is that they were working in the Bhakra Left Wing Power House. The power house was situated at Bhakra and there was no arrangement for the accommodation of the employees. The defendant- respondents had provided accommodation at Nangal Township and the plaintiff-appellants used to go daily to Bhakra to discharge their duties. In order to facilitate the employees, the defendant- respondents had provided the fixed allowance as part of salary in the form of fixed Traveling allowance at different rates in accordance with the pay of an employee. Vide letter dated 26.11.1979, the pay scales of the employees of the Punjab State Electricity Board were revised and defendant- respondents also adopted the same and revised the pay of the employees w.e.f. 1.1.1978. After the revision of pay scales, the plaintiff- appellants RSA No.1321 of 1987 2 claimed all allowances as per the schedule rates including fixed travelling allowance. The Board after the revision of pay scales paid the arrears of fixed travelling allowance from a retrospective effect on the basis of the salary drawn by them. Thereafter, the defendant- respondents ordered for the recovery of the amount on the plea that they were not entitled to the Travelling Allowance after the revision of pay scales. Aggrieved by this action of the Board, the plaintiff-appellants filed a civil suit which was decreed vide order dated 3.1.1984 and defendant- respondents were restrained from deducting any amount from the salary of the plaintiff- appellants. Against the order dated 3.1.1984, the Board preferred an appeal, the Addl. District Judge, Ropar accepted the appeal and set aside the order of the Civil Court. Hence the instant appeal. Having perused the record, I am of the view that the question of law posed in the 1st paragraph has to be answered in favour of the plaintiff- appellants and against the defendant- respondents. A Full Bench judgement of this Court in the case of Budh Ram v. State of Haryana 2009(3) PLR 511 after considering various judgements of Hon'ble the Supreme Court has answered the question of law in favour of the plaintiff- appellants. In the present case also, payment of fixed Travelling Allowance was not on account of any fraud or mis-representation. The amount of Travelling Allowance was paid in accordance with the revised pay scale and arrears were paid as calculated with retrospective effect. There was no question of recovery merely because arrears were mistakenly paid after calculating them from a retrospective effect. While answering question of law in favour of the plaintiff- appellants, it is held that the judgement of the lower appellate Court is set aside and that of the trial Court is restored. Accordingly, the RSA No.1321 of 1987 3 Travelling Allowance already paid to the plaintiff- appellants shall not be recovered by deducting the same from their salary. The stay order passed on 8.4.1987 is made absolute. The appeal stands disposed of. (M.M.Kumar) 28.11.2009 Judge okg