LPA No. 308 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 308 of 2009 Date of decision: 4.5.2009 State of Punjab and others ...Appellants Versus Gurdeep Singh ...Respondent CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr. Manohar Lall, Addl. A.G., Punjab for the appellants. -.- ADARSH KUMAR GOEL, J. (oral) 1. Delay condoned. 2. Heard on merits. 3. This appeal has been preferred by the State against the judgment of the learned Single Judge directing that no recovery be effected in pursuance of order dated 19.3.1991 withdrawing the wrongly granted increment in the year 1978. 4. The contesting respondent was employed as Agriculture Inspector with the Agriculture Department, Punjab. He was sent on deputation to the State Bank of Patiala on 23.5.1977. There was a general strike by the employees of Punjab on 8.2.1978. The State Government vide circular dated 16.6.1978, decided to grant premature increment to those employees who did not participate in the strike. The contesting respondent was also granted an increment. The said increment came to be withdrawn in the year 1991 on the ground that since the employee was on deputation with LPA No. 308 of 2009 2 the Bank, he was not entitled to the same. The learned Single Judge upheld the stand of the State that the employee, who was on deputation, was not entitled to the increment. It was, however, held that no recovery after 13 years was called for, when he had made no mis-representation. The fact that the employee was on deputation was known to the State Government. 5. We have heard learned counsel for the appellants. 6. The view taken by the learned Single Judge accords with the judgments of the Hon'ble Supreme Court in Sahib Ram v. State of Haryana and others, 1995 supp (1) SCC 18 and Col. B.J. Akkara (Retd.) v. Government of India and others, (2006) 11 SCC 709. 7. In view of above, there is no merit in the appeal and the same is dismissed. (ADARSH KUMAR GOEL) JUDGE 4.5.2009 (JITENDRA CHAUHAN) mk JUDGE