HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.20062 of 2010 (O&M) Date of Decision: 19.09.2011 **** Surjit 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. Sharwan Sehgal, Advocate for the petitioner Ms. Monica Chhibber Sharma, DAG Punjab **** SURYA KANT, J. (ORAL) (1). The petitioner is the wife of deceased Manjit Singh who was a Conductor in the Punjab Roadways and unfortunately died in a fatal road accident while in service. The petitioner is aggrieved by the action of the respondents in effecting recovery from the GPF on account of re-fixation of pay of the petitioner’s husband. (2). Learned counsel for the petitioner, while confining his claim qua recovery only, states that the deceased- employee never misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s). CWP No.20062 of 2010.doc - 2 – (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 in part and the recovery order is/are 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). Since the respondents have not filed any counter- reply/affidavit, it shall be open to them to verify the records and if it is found that the deceased-employee had actually misrepresented the facts and/or played fraud etc. to gain the monetary benefits, to seek review of this order within a period of six months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. Dasti. 19.09.2011 vishal shonkar (S u r y a K a n t) Judge