CWP No.10760 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.10760 of 2009 (O&M) Date of Decision: 25.02.2010 **** Ishwar Chander . . . . Petitioner 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 petitioner Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner who having served in the Public Health Department, Government of Punjab has now retired, impugns the order dated 16.07.2009 (Annexure P4), whereby, his pay has been reduced/re-fixed and consequential recovery of Rs.66650/- is sought to be effected on account of the alleged wrong fixation of pay. He also seeks a mandamus to direct the respondents to release his pensionary benefits. (2). Notice of motion was issued and in response thereto, reply has been filed by the respondents. CWP No.10760 of 2009.doc - 2 – (3). During the course of hearing, learned counsel for the petitioner confines his challenge to the recovery order only. He relies upon the decision rendered by a Full Bench of this Court in Budh Ram and others vs. State of Haryana and others in CWP No.2799 of 2008 decided on 22.05.2009 and urges that in the light of the admitted facts and circumstances, no recovery can be effected from the petitioner by the respondents as the petitioner never misled the Authorities to gain any service benefit or concealed the material facts. (4). Learned State counsel also does not dispute the above mentioned factual plea taken by the petitioner. (5). For the reasons afore-stated, the writ petition is allowed in part; the impugned order to the extent of ordering recovery from the petitioner, is hereby quashed. However, the order of re-fixation of his pay etc. is upheld. The recovery, if any, already made shall be refunded to the petitioner within a period of four months from the date of receipt of certified copy of this order. (6). Ordered accordingly. (7). Dasti . CWP No.10760 of 2009.doc - 3 – (SURYA KANT) JUDGE 25.02.2010 vishal shonkar