CWP No.2948 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.2948 of 2010 Date of Decision: 17.12.2010 **** Krishan Chand . . . . Petitioner VS. Punjab State Electricity Board & Anr. . . . . . 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. AK Walia, Advocate for the petitioner Mr. PS Mattewal, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner is aggrieved by the orders dated 20.05.2009 and 10.12.2009 (Annexure P5 & P9 respectively) vide which a sum of Rs.54134/- has been ordered to be recovered from his pay upon withdrawal of the benefit of second time bound higher pay scale granted to him on completion of 16 years of service. (2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter- reply/affidavit in which nowhere it is alleged that the petitioner misled the authorities or played any CWP No.2948 of 2010.doc - 2 – fraud or deceived them to secure the undeserving monetary benefit(s). (3). Applying the ratio decidendi of the decision in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 decided by a Full Bench of this Court and a later decision of 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; the impugned recovery orders dated 20.05.2009 and 10.12.2009 (Annexure P5 & P9, respectively) are hereby quashed and the respondents are directed to refund the amount, if already recovered from the petitioner, within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. Dasti. 17.12.2010 vishal shonkar (SURYA KANT) JUDGE