HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.16995 of 2011 (O&M) Date of Decision: 12.09.2011 **** Romesh Chander & Ors. . . . . Petitioners VS. State of Punjab & Ors. . . . . 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. ADS Ghuman, Advocate for the petitioners Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT, J. (ORAL) (1). Notice of motion. Ms. Sudeepti Sharma, learned DAG Punjab accepts notice on behalf of the respondents. Having regard to the nature of order which I propose to pass, there is no necessity to call upon the respondents to file their counter-reply(ies)/affidavit(s), at this stage. (2). The petitioners who retired as JBT Teachers from the Education Department, Government of Punjab seek quashing of the orders dated 11.10.2010, 08.12.2010 & 13.01.2011 (Annexures P1, P2 & P3, respectively) whereby the benefit of three increments granted to them on their acquiring the qualification of Giani/Prabhakar has withdrawn and consequential recovery is sought to be effected. They also seek a direction for release of their CWP No.16995 of 2011.doc - 2 - pension and other pensionary benefits on the basis of the actual pay i.e. by restoring the above-stated benefit. (3). As far as the recovery is concerned, learned counsel for the parties are ad idem that the issue stands answered in favour of the petitioners by a Full Bench decision of this Court in Budh Ram v State of Haryana & Ors. 2009[3] PLR, 511. (4). Consequently, the recovery order(s) is/are hereby quashed. Recovery, if any effected from the petitioners, shall be refunded to them within a period of four months from the date a certified copy of this order is received. (5). As regards the petitioner's claim for restoring the benefit of three increment, as stated above, this Court vide order dated 02.03.2010 passed in CWP No. 16323 of 2008 [Smt. Sudarshana Devi & Anr. V State of Punjab & Ors.] has constituted an Officers' Committee to look into such like claims which essentially require verification of the facts on case to case basis. The writ petition qua the afore-stated relief, is accordingly disposed of by relegating the petitioners to the Officers' Committee, who shall consider the same in accordance with the Rules/Government instructions and shall make appropriate recommendations after hearing the petitioners in person, if so required. The needful shall be done within a period of four months from the date a certified copy of this order is received. CWP No.16995 of 2011.doc - 3 - (6). Till the Committee takes any appropriate decision, the petitioners shall continue to draw their retiral benefits as per the reduced/re-fixed pay. (7). Ordered accordingly. Dasti. 12.09.2011 vishal shonkar (S u r y a K a n t) Judge