CWP No.7134 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No.7134 of 2009 Date of decision April 9, 2010 Sukhdev Singh ....... Petitioner Versus The Punjab State Electricity Board thrugh its Secretary, The Mall, Patiala. ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. V. K. Shukla, Advocate for the petitioner. Mr. Gagandeep Singh Garg, Advocate for the respondents. **** K. Kannan, J (oral). 1. The writ petition challenges the recovery sought to be made from the amounts from the retiral benefits to the tune of Rs. 90,174/-, a sum that had been paid as allowance for officiation on a higher post as Sub Station Officer, when the petitioner was a Sub Station Assistant. The increased allowance had been given which had been issued pursuant to the proceedings Annexure P-1 and P-2. The amount was later sought to recovered stating that the petitioner was not entitled to such allowance. The contention in defence by the respondent is that even apart from the period when he was officiating as SSO, he was reverted to his own post and 10% allowance was claimed even during the time when he was not actually officiating. 2. It is not the contention of the respondent that there had been misrepresentation by the petitioner to claim the excess allowance or that the amount was paid by mistake. Learned counsel for the petitioner CWP No.7134 of 2009 2 places reliance on the judgment of Budh Ram and others Vs. State of Haryana (2009) 3 SCT,333. The petitioner is entitled to the relief sought for. The recovery, if it had been made, it shall be refunded to the petitioner within four weeks from the date of receipt of copy of the order. 3. The writ petition is allowed. There shall, however, be no direction as to costs. (K. KANNAN) JUDGE April 9, 2010 archana