CWP No.17991 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.17991 of 2009 (O&M) Date of Decision: 10.09.2010 **** Balwant Singh . . . . Petitioner VS. Managing Director PEPSU Road Transport Corp. & 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. RS Chauhan, Advocate for the petitioner Mr. Anupam Singla, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner has retired from the post of Conductor in the PEPSU Road Transport Corporation w.e.f. 31.01.2008 on attaining the age of superannuation. He seeks quashing of the action in terms whereof, a sum of `38890/- has been deducted from his Gratuity due to the alleged wrong fixation of his pay. (2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter- reply/affidavit wherein it is no-where averred that the petitioner ever misrepresented the facts, played CWP No.17991 of 2009.doc - 2 – any fraud or deceived the authority so as to secure any undeserving monetary benefit. (3). That being the state of affairs, no recovery can be allowed to be effected from the petitioner as ruled by a Full Bench of this Court in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 as well as the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440. (4). The writ petition is accordingly allowed in part; the impugned action ordering recovery of `38890/- is hereby set aside with a direction to the respondents to refund the recovered amount to the petitioner within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 10.09.2010 vishal shonkar