CWP No.451 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 27.7.2010 Asha Rani Gupta ...Petitioner VERSUS State of Punjab & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.RC Chatrath, Advocate for the petitioner Ms.Kavita Arora, AAG, Punjab Permod Kohli, J. (Oral) Keeping in view the controversy involved and with the consent of learned counsel for parties, this petition is disposed of at motion stage. The petitioner joined service as SS Mistress on regular basis on 25.5.1976. The petitioner retired from service on 31.5.2007 on attaining the age of superannuation. The claim of the petitioner is that her pay be stepped up at par with Smt. Pushpa Devi, respondent no.6 and to refund the sum of Rs.65,272/- which was deducted from her gratuity. It is agreed by the learned counsel for the parties that this petition is squarely covered by a judgment of this Court passed in CWP No.451 of 2009 2 CWP No.16845/2008 decided on 31.3.2010 wherein following observations/directions have been made:- “As far as recovery is concerned, learned counsel for the parties are ad-idem that the controversy is squarely answered in favour of the petitioners by a Full Bench decision of this Court in Budh Ram v State of Haryana & Ors. 2009[3] PLR, 511. Consequently, the recovery orders are hereby quashed. Recovery, if any, effected from the petitioners, shall be refunded to them within a period of four months from the date a certified copy of this order is received. Adverting to the claim of the petitioners that they are entitled to the pensionary benefits on the basis of the pay actually drawn by them till their retirement, this Court vide order dated 02.03.2010 passed in CWP No. 16323 of 2008 [Smt. Sudarshana Devi & Anr. V State of Punjab & Ors.] has constituted an Officers' Committee to look into such like claims which essentially require verification of the individual facts. The writ petitions qua the aforestated relief are accordingly disposed of by relegating the petitioners before the Officers' Committee, who shall consider the same in accordance with the Rules/Government instructions and keeping in view the facts of individual case and shall make appropriate recommendations after hearing the petitioners in person, if so required. The needful shall be done within a period of four months from the date a certified copy of this order is received. Till the Committee takes any decision, the petitioners shall continue to draw their retiral benefits as per the reduced/re-fixed pay.” This petition is disposed of in terms of the aforesaid observations/directions of this Court. (PERMOD KOHLI) JUDGE 27.7.2010 MFK/sd CWP No.451 of 2009 3