IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1627 of 2011 Date of decision : 28.2.2011 Swaran Kaur … Petitioner Versus State of Punjab and others …Respondents CORAM : HON’BLE MRS.JUSTICE PERMOD KOHLI Present: Mr.Harinder Sharma, Advocate for the petitioner. Mr.B.S.Chahal, DAG, Punjab. Permod Kohli, J. Petitioner has retired from service on 29.2.2008 on attaining the age of superannuation. After his retirement, respondents have passed the impugned order dated 13.8.2008 reducing the pay of the petitioner by re- fixation and consequential recovery of a sum of Rs.1,17,495/-. During the course of arguments, it is stated by learned counsel appearing on behalf of the petitioner that he has instructions to abandon the relief in so far as re-fixation of the salary of the petitioner is concerned. Now the relief is confined to the recovery of the amount only. There is no allegation of misrepresentation or fraud against the petitioner. It is also relevant to mention here that the controversy in this petition, is covered by a Full Bench Judgment of this Court in case of Budh Ram and others Vs. State of Haryana and others decided on 22.5.2009 wherein, following order has been passed:- “We have, therefore, no hesitation in holding that in case the employee who are receipt of the benefit extended to them on an erroneous interpretation or application of any rule, regulation, circular and instruction have not in any way contributed to such erroneous interpretation nor have they committed any fraud, misrepresentation, deception to obtain the grant of such benefit, the benefit so extended may be stopped for the future, but the amount already paid to the employees cannot be recovered from them.” CWP No.1627 of 2011 In view of the above, this petition is allowed and impugned order (Annexure P-6) is hereby quashed only to the extent of recovery. However, respondents are at liberty to refix the salary of the petitioner. If any amount has been recovered from the petitioner, the same shall be refunded within a period of three months. ( Permod Kohli ) Judge 28.02.2011 sd 2