LPA No. 185 of 2011(O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH LPA No. 185 of 2011(O&M) Date of Decision: August 23, 2011 Food Corporation of India and others …Appellant Versus Karnail Singh and others ...Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Hari Pal Verma, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal filed under Clause X of the Letters Patent is directed against judgment dated 14.07.2010, rendered by the learned Single Judge holding that the writ petitioner-respondents could not be asked to recover the amount of selection grade which might have been paid to them. For the aforesaid view, the learned Single Judge has placed reliance on a Full Bench of this Court rendered in the case of Budh Ram & others v. State of Haryana & others 2009(3) PLR 511 and the judgment of Hon'ble the Supreme Court rendered in the case of Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440. The learned Single Judge has recorded a finding that there was no misrepresentation or fraud played by the writ petitioner-respondents to extract the payment of selection grade LPA No. 185 of 2011(O&M) -2- and, therefore, the recovery in terms of the aforesaid judgment cannot be ordered. Accordingly, the recovery has been set aside. 2. We have heard learned counsel for the appellant and are of the view that there is no room to interfere with the directions issued by the learned Single Judge. We find that the directions are well based and in accordance with the law laid down by a Full Bench of this Court in Budh Ram's case and Hon'ble the Supreme Court in Israil Khan's case (supra). We are further of the view that if any recovery has been made that has been rightly ordered to be refunded to the writ petitioner-respondents within a period of three months from the date of receipt of certified copy this order. We find no merit in the appeal particularly when in a similar matter we have dismissed the appeal namely, LPA No. 311 of 2011 decided on 21.04.2011 (Food Corporation of India and others v. Harbhajan Singh and others). 3. As a sequel to the above discussion, the appeal fails and the same is dismissed. 4. In view of the dismissal of appeal on merit, we do not wish to pass any order on the application seeking condonation of delay of 95 days in filing of the instant appeal. (M.M. KUMAR) JUDGE (GURDEV SINGH) JUDGE August 23, 2011 Atul