IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.5495 of 2005 Date of Decision:25.9.2006. Ramjit Yadav ....Petitioner. Versus Uttar Haryana Bijli Vitran Nigram Ltd and others. ...Respondents. CORAM : Hon'ble Mr.Justice M.M.Kumar. Hon'ble Mr. Justice M.M.S.Bedi. Present:- Mr.Jitender S. Chahal,Advocate for the petitioner. Mr. Narender Hooda, Advocate for the respondents. **** M.M.KUMAR, J.(ORAL) The prayer made by the petitioner in the instant petition is that the order dated 6.10.2003 (Annexure P-1) passed by the respondents be quashed to the extent of recovery of Rs.45390/-, ordered to be made from the retirement gratuity of the petitioner. It is admitted case of the parties that the recovery has arisen on account of re-fixation of pay of the petitioner, and that the petitioner has not made any mis-representation or committed any fraud in obtaining the benefit. It is well settled that in the absence of any mis-representation or fraud recovery from an employee cannot be made, although the pay of such an employee could be re-fixed. In that regard reliance may be placed on the judgement of Hon'ble Supreme Court in the case of Sahib Ram Vs. State of Haryana, (1995) 1(suppl.)SCC 18. C.W.P. No.5495 of 2005 -2- Accordingly, the order dated 6.10.2003 passed by the respondents is quashed to the extent its imposes condition of recovery of Rs.45390/-. As a consequence of quashing the condition of recovery, the petitioner become entitled to the payment of afore-mentioned amount. The same shall be paid to the petitioner within a period of one month from the date a certified copy of this order is supplied to the respondents. (M.M.KUMAR) JUDGE Sept 25,2006. (M.M.S.BEDI) Reema. JUDGE