CWP No.16791 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.16791 of 2009 (O&M) Date of Decision: 24.02.2010 **** Usha Rani and another . . . . Petitioners VS. State of Punjab and others . . . . . 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. D.D. Bansal, Advocate for the petitioners Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner impugns the order dated 26.10.2009 (Annexure P2), whereby, his pay has been reduced/re-fixed and consequential recoveries of Rs.1,36,961/- and Rs.54300/- have been ordered on account of the wrong fixation of pay. (2). Notice of motion was issued and in response thereto, reply/affidavit has been filed by the respondents. CWP No.16791 of 2009.doc - 2 – (3). During the course of hearing, learned counsel for the petitioners has confined their challenge to the recovery orders only. He relies upon the decision rendered by a Full Bench of this Court in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 and urges that in the light of the admitted facts and circumstances, no recovery can be effected from the petitioners by the respondents as they never misrepresented the facts nor played any fraud or used deceptive means to secure any service benefits. (4). Learned State counsel also does not dispute the factual plea taken by the petitioners. (5). For the reasons afore-stated, the writ petition is allowed in part; the impugned order(s) to the extent of ordering recovery from the petitioners, is hereby quashed. However, the order of re-fixation of their pay etc. is upheld. The recovery, if any, already made be refunded to the petitioners within a period of four months from the date of receipt of certified copy of this order. (6). Ordered accordingly. (7). Dasti . (SURYA KANT) JUDGE 24.02.2010 CWP No.16791 of 2009.doc - 3 – vishal shonkar