HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.17186 of 2011 (O&M) Date of Decision: 14.09.2011 **** Surinder 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. RK Arora, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT, J. (ORAL) (1). Notice of motion. Ms. Sudeepti Sharma, learned DAG Punjab accepts notice on behalf of the respondents. Having regard to the nature of order which I propose to pass, there is no necessity to call upon the respondents to file their counter-reply(ies)/affidavit(s), at this stage. (2). The petitioner who retired as Math Mistress from the Education Department, Government of Punjab is aggrieved by the action of the respondents in withdrawing the benefit of two advance increments granted on her acquiring Post- Graduate qualification and effecting consequential recovery of Rs.99715/-. (3). As far as the recovery is concerned, learned counsel for the parties are ad idem that the issue stands answered in favour CWP No.17186 of 2011.doc - 2 - of the petitioner by a Full Bench decision of this Court in Budh Ram v State of Haryana & Ors. 2009[3] PLR, 511. (4). Consequently, the recovery order(s) is/are hereby quashed. Recovery, if any effected from the petitioner, shall be refunded to her within a period of four months from the date a certified copy of this order is received. (5). As regards the petitioner's claim for restoring the benefit of increment(s), as stated above, 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 facts on case to case basis. The writ petition qua the afore-stated relief, is accordingly disposed of by relegating the petitioner to the Officers' Committee, who shall consider the same in accordance with the Rules/Government instructions and shall make appropriate recommendations after hearing the petitioner 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. (6). Till the Committee takes an appropriate decision, the petitioner shall continue to draw her retiral benefits as per the reduced/re-fixed pay. (7). Dasti . 14.09.2011 vishal shonkar (S u r y a K a n t) Judge CWP No.17186 of 2011.doc - 3 -