HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.8965 of 2011 (O&M) Date of Decision: 10.08.2011 **** Ranjit Kaur . . . . Petitioner 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. BS Jaswal, Advocate for the petitioner Mr. BS Chahal, DAG Punjab **** SURYA KANT, J. (ORAL) (1). The petitioner, who retired as Junior Assistant from the PWD (B&R) Department, Government of Punjab, seeks quashing of the order dated 14.01.2009 and 11.02.2009 (Annexures P1 & P2, respectively) to the extent ordering recovery of Rs.51547/- from her Gratuity on account of wrong fixation of her pay. (2). Learned counsel for the petitioner states that the petitioner has never misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s). (3). Applying the ratio decidendi of the Full Bench decision in Budh Ram & Others vs. State of Haryana & Others, CWP No.8965 of 2011.doc - 2 – 2009(3) PLR 511 as well as the decision by the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440, I am of the considered view that no recovery can be effected from the petitioner. (4). Consequently, the writ petition is allowed and the recovery order is quashed. The respondents are directed to refund the amount if any already recovered from the petitioner within a period of three months from the date of receipt of a certified copy of this order. (5). Since the respondents have not filed any counter- reply/affidavit, it shall be open to them to verify the records and if it is found that the petitioner had actually misrepresented the facts and/or played fraud etc. to gain the monetary benefits, to seek review of this order within a period of six months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. Dasti. 10.08.2011 vishal shonkar (S u r y a K a n t) Judge