C.W.P. No. 18480 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 18480 of 2008 Decided on : 18-04-2009 Baldev Singh ....Petitioner VERSUS Punjab State Electricity Board, Patiala and others. ....Respondents CORAM:-HON'BLE MR. JUSTICE SATISH KUMAR MITTAL. Present:- Mr. Ashish Grover, Advocate for Mr. Sudhir Purthi, Advocate for the petitioner. Mr. Rajiv Malhotra, Advocate for the respondents. SATISH KUMAR MITTAL, J (Oral). The petitioner has filed this petition for quashing of the order dated 3.7.2008 (Annexure P-4) passed by respondent No.2 only to the extent whereby it has been ordered that the time bound promotional scale which was granted on the completion of 9/16/23 years of service tenure, will be withdrawn till the joining of the promotional post and the order dated 21.8.2008 (Annexure P-7) passed by respondent No.3, whereby the sanction of recovery has been ordered in pursuance to the aforesaid order, being illegal and arbitrary. At the time of arguments, in view of the decision given by this Court in Karnail singh Vs. Punjab State Electricity Board, Patiala (C.W.P. No.6730 of 2006) decided on 21.5.2007, learned counsel for the petitioner confined his prayer only for quashing of the recovery order C.W.P. No. 18480 of 2008 -2- (Annexure P-7) while leaving the challenge to the withdrawal of advanced promotional increments and re-fixation of the salary in accordance with impugned order dated 3.7.2008 (Annexure P-4). Learned counsel for the respondents on instructions received from the Board has fairly conceded that as far as the recovery of the payment, which has been made, will not be effected from the petitioner. However, his pay will be refixed according to the clarification/circular dated 10.11.2004 and 31.12.2004 issued by the Board and in view of order dated 3.7.2008 (Annexure P-4) In view of the said statement made by the learned counsel for the petitioner and the respondents, this petition is disposed of with direction to the respondents not to recover the amount already paid to the petitioner. However, it will be open to the respondent-Board to re-fix the salary in terms of the relevant circular. As and when the petitioner accepts the promotional post, the aforesaid benefits which have been withdrawn will be restored in accordance with the circular dated 10.11.2004 and 31.12.2004. 18th April, 2009. (SATISH KUMAR MITTAL) Monika JUDGE