CWP No.17553 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.17553 of 2009 (O&M) Date of Decision: 02.02.2010 **** Bakhshish Kaur . . . . 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. R.K. Arora, Advocate for the petitioner Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). Challenge in this Civil Writ Petition is to the order dated 30.04.2009 (Annexure P1) passed by the respondents, whereby, the petitioner’s pay has been reduced with retrospective effect after her retirement on 31.05.2009 and consequential recovery of Rs.1,37,969/- from her retiral benefits has been ordered. CWP No.17553 of 2009.doc - 2 – (2). During the course of hearing, learned counsel for the petitioner fairly states that he confines his challenge to the recovery order dated 30.04.2009 (Annexure P1) only. He relies upon a decision rendered by the 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 allowed to be effected as the petitioner never mis-represented the facts nor mislead the authorities while seeking fixation of her pay. The mistake, if any, is on the part of the departmental authorities which has now been detected and rectified. (3). After going through the pleadings, I find that the recovery notice cannot sustain as ruled by the Full Bench of this Court in Budh Ram’s case (supra). Accordingly, the writ petition is allowed; the recovery order dated 30.04.2009 (Annexure P1) is hereby quashed. The recovery, if any, already made shall be refunded to the petitioner and all the retiral benefits shall be released to the petitioner at the earliest preferably within a period CWP No.17553 of 2009.doc - 3 – of three months from the date of receipt of certified copy of this order. (4). Ordered accordingly. (5). Dasti . (SURYA KANT) JUDGE 02.02.2010 vishal shonkar