IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 5232 of 2009. [O&M] Date of Decision: 31st March, 2010. Vijay Ram @ Vijay Kumar Petitioner through Mr. S.K.Sharma, Advocate Versus State of Punjab & Ors. Respondents through Mr. B.S.Chahal, DAG, Punjab. 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? SURYA KANT, J. [ORAL] The petitioner is aggrieved at the orders dated 01.12.2008 [Annexure P-10] and 15.01.2009 [Annexure P-11] whereby his pay has been re-fixed by withdrawing the benefit of war service. The petitioner is also aggrieved at the consequential recovery orders and claims that the said service benefits have been wrongly withdrawn. So far as challenge to the recovery is concerned, learned counsel for the parties are ad-idem that the controversy is squarely answered in favour of the petitioner by a Full Bench decision of this Court in Budh Ram v State of Haryana & Ors. 2009[3] PLR, 511. Consequently, the recovery orders are hereby quashed. Recovery, if any, effected from the petitioner, shall be refunded within a period of four months from the date a certified copy of this order is received. Adverting to the contention that the petitioner was rightly granted the benefit of war service, in my considered view, the claim can not be decided without ascertaining the correct facts from the record. Such an exercise can be effectively undertaken by a Departmental Committee as well. Accordingly, it is directed that let there be a Departmental Committee to be headed by the Principal Chief Conservator of Forests, Punjab who shall consider the claim of the petitioner in consultation with the Rajya Sainik Board, and dispose of the same by passing a speaking order as expeditiously as possible and preferably within a period of four months from the date a certified copy of this order is received. Suffice it to say that in case the Committee accepts the petitioner's claim, the benefit earlier granted to him shall be restored and consequential arrears and/or revised retiral benefits shall be paid. However, till the Committee takes an appropriate decision, the retiral benefits shall be released, if already not released, as per the re-fixed pay but without prejudice to the petitioner's claim to be decided by the Committee. Disposed of. Dasti. March 31, 2010. ( SURYA KANT ) dinesh JUDGE