IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.20178 of 2006 (O&M) Date of Decision : February 05, 2010. Charanjit Kaur and others .....Petitioners versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.O.P.Gaba, Advocate, for the petitioners. Ms.Charu Tuli, Sr.DAG, Punjab. -.- 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? --- ORDER Surya Kant, J. (Oral) The petitioners are retired and serving Junior Assistants in the Irrigation Department, Punjab. They seek quashing of the orders dated 29.11.2005/26.12.2005 (Annexure P-3) and 4.1.2006 (Annexure P-4), whereby their pay scales have been reduced after withdrawing the proficiency step-up and consequential recovery has been ordered to be effected. Notice of motion was issued and in response thereto, the respondents have filed their counter-affidavit. C.W.P.No .20178 of 2006 (O&M) 2 Learned counsel for the petitioners confines their claim qua recovery only and has no objection against the re-fixation of their pay or the proficiency step up. I have heard learned counsel for the parties and perused the records. The respondents have nowhere averred that the petitioners ever misled the authorities and/or concealed the material facts for monetary gains. The recovery sought to be effected from the petitioners, therefore, is liable to be annulled in the light of the principles laid down by the Full Bench of this Court in Budh Ram and others versus State of Haryana and others, 2009 (3) S.C.T.333. The writ petition is accordingly allowed in part. While re- fixation of the petitioners pay or the proficiency step-up is up-held, however, the consequential recovery notice is hereby set-aside. It is further directed that in case the respondents have already effected any recovery from the petitioners, the same shall be refunded to him within a period of three months from the date of receiving a certified copy of this order. Ordered accordingly. Dasti. 05-02-2010 (SURYA KANT) Mohinder JUDGE