IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 5725 of 2007 Date of decision: 2nd July, 2010 Bhale Ram … Petitioner Versus State of Haryana and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. J.K. Goel, Advocate for the petitioner. Mr. Himanshu Raj, Assistant Advocate General, Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the petitioner submits that in view of the judgment rendered by a Full Bench of this Court in Civil Writ Petition No.2799 of 2008 titled as ‘Budh Ram and others v. State of Haryana and others’ decided on 22nd May, 2009, recovery in pursuance of order (Annexure P- 10) cannot be effected. Learned counsel further submits that an amount of Rs.32,831/- was deducted from the salary of the petitioner and that in view of the law laid down in Budh Ram’s case (supra), petitioner is entitled to refund of the said amount. Counsel for the State submits that in view of the ratio of law laid down in Budh Ram’s case (supra), the matter can be decided. Admittedly, by giving benefit of adhoc service, the petitioner was granted higher scale of pay. There was no misrepresentation on his part. Therefore, the case of the petitioner is covered by the ratio of law laid Civil Writ Petition No.5725 of 2007 down in Budh Ram’s case (supra). Hence, the order of recovery is hereby quashed. The amount already deducted from the salary of the petitioner, if any, shall be refunded to him within a period of three months from the receipt of certified copy of this order. With the observations made above, present writ petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE July 2, 2010 rps 2