IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 16874 of 2006. Date of Decision : April 26, 2010. Maninder Singh and another ...... Petitioners . Versus. Union of India and others ..... Respondents . CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Ravi Badyal, Advocate, for the petitioners. Ms. Renu Bala Sharma, Central Government Counsel, for respondents. AUGUSTINE GEORGE MASIH, J. (ORAL). Counsel for the petitioners does not press the challenge made to the vires of Rule 49(2) (a) and (b) of the Central Civil Services (Pension) Rules, 1972, as applicable to the BSF Personnels. He contends that the petitioner was granted the benefit of the judgment of Hon'ble the Supreme Court in the case of Raghu Nandan Lal Chaudhary and others Versus Union of India, AIR 1988 SC 2125. He contends that in the light of the re-fixation of pay of the petitioner, the petitioner was granted revised pension accordingly, but subsequently the said order of enhanced pension of the petitioner stands withdrawn. On doing so, the recoveries had been effected from the petitioners. Counsel contends that the Full Bench Judgment of this Court in the case of Budh Ram and others Versus State of Haryana and others Vol. CL V-(2009-3) PLR, 511, has held that where the petitioners have not claimed any benefit by mis-representation or mis-leading the respondents, no recoveries C.W.P. No. 16874 of 2006. -2- can be effected. He contends that in the light of the said Full Bench Judgment, liberty may be granted to the petitioners to move a detailed representation to the respondents within a period of four weeks from today, which may be considered and decided within some specified time. In view of the submissions made by counsel for the petitioners, the present writ petition is disposed of with liberty to the petitioners to make a detailed representation to the respondents within a period of four weeks from today, which shall consider the same in the light of the Full Bench Judgment of this Court in the case of Budh Ram and others (supra), and pass a speaking order within a period of three months from the date of receipt of the said representation. In case, the petitioners are held entitled to the recovered amounts from the respondents, the same shall be released to them within a period of two months thereafter. (AUGUSTINE GEORGE MASIH) JUDGE April 26, 2010. sjks.