CWP No.15505 of 1990 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CWP No.15505 of 1990 Date of decision : 16.5.2011 Rajinder Singh and others .........Petitioners Vs. The State of Haryana and others .......Respondents CORAM : HON'BLE MR. JUSTICE K.KANNAN Present:- Mr.R.K.Malik, Senior Advocate, with Mr.Vishal Malik, Advocate, for the petitioners Mr.S.S.Gorakhpuria, DAG, Haryana --- 1. Whether reporters of local papers may be allowed to see the judgment? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest? No --- K.KANNAN, J (ORAL) :- 1. The point involved in the writ petition is the entitlement of the benefit obtained through a conscious decision of the State in providing to the petitioners ad hoc bonus for the year 1987-88. The decision had been taken by the Board of Management for the School which was an Aided Educational Institution. The petitioners' contention was that this approval of payment for bonus was not subsequently affirmed by the State and after having made the payment, they were seeking recovery through the impugned proceedings. CWP No.15505 of 1990 -2- 2. So long as the payment was not made to the petitioners, who were Class-III and Class-IV employees, under any fraud or misrepresentation of the petitioners, they shall not be required to reimburse the amount paid to them. This follows the principle of what was laid down by Full Bench of this Court in 'Budh Ram and others v. State of Haryana, 2009 (4) SLR 298'. The impugned proceedings are consequently quashed and if, at all, this shall be entitled to exercise such a right of recovery against the Educational Institution and the same shall not be recovered from the petitioners. 3. The writ petition is disposed of in the above manner. (K.KANNAN) JUDGE 16.5.2011 akm