IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.13913 of 2009 Date of Decision: September 10, 2009 Rajinder Pal .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. R.K. Arora, Advocate, for the petitioner. Mr. B.S. Chahal, Deputy Advocate General, Punjab, for the respondents. . . . AJAI LAMBA, J (Oral) Challenge In this petition is to Annexure P-3 under which recovery of one excess increment given during the course of service of the petitioner has been ordered and Order Annexure P-4 under which refixation has been made after deducting one increment. Learned counsel for the petitioner confines the claim of the petitioner in challenge to recovery only. It has been contended that the petitioner neither played any fraud nor misrepresented the facts so as to actuate wrong fixation of pay. In this view of the matter, the case of the petitioner is covered by judgment dated 22.5.2009 rendered by the Hon’ble Full Bench of this Court in Civil Writ Petition No.2799 of 2008 (Budh Ram & Others vs. State of Haryana & Others). CWP No.13913 of 2009 [2] Learned counsel for the respondents has not been able to draw attention of the Court towards any material or evidence to indicate that the petitioner had played fraud or misrepresented facts. In view of the above, it become evident that the matter is covered by judgment dated 22.5.2009 rendered by the Hon’ble Full Bench of this Court in Civil Writ Petition No.2799 of 2008 (Budh Ram & Others vs. State of Haryana & Others). The petition is allowed to the extent that the respondents would have no right to effect recovery from the petitioner on account of refixation of pay. Consequently, the respondents are directed that if any recovery has been effected from the petitioner, the amount shall be refunded to the petitioner within a period of four months from the date of receipt of a certified copy of this order. (AJAI LAMBA) September 10, 2009 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?