CWP No.1124 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.1124 of 2009 Date of Decision: 22.03.2010 **** Darshan Kaur . . . . Petitioner VS. State of Punjab and others . . . . . 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. R.K. Arora, Advocate for the petitioner Mr. B.S. Chahal, DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner who was serving as a Lecturer in English (School Cadre), Education Department, Government of Punjab has retired w.e.f. 31.08.2008. She seeks quashing of the order, whereby, her pay has been refixed w.e.f. 01.01.1996 and consequential recovery is sought to be effected. She also seeks a mandamus directing the respondents to release her retiral benefits. CWP No.1124 of 2009.doc - 2 – (2). Upon notice, the official respondents have filed their counter-affidavit, paragraph-3 of the Preliminary Submission therein, reads as under:- “3. The Account General Punjab Chandigarh i.e. respondent No.5 has objected to these increments and has asked the Principal to reduce the pay of the petitioner and send a fresh case. The operation of impugned letter of Account General Punjab Chandigarh has been stayed by the Hon’ble Court on 23.01.2009. But the petitioner on the receipt of the objection letter dated: 04.12.2008 gave an undertaking Annexure R3 that the over increments which have wrongly been given to her be adjusted against her ACP increments. So, her ACP increments are being granted to her and adjusted towards the wrongly given increments as desired by the petitioner. The petitioner is being given 90% anticipatory pension w.e.f. from: 01.09.2008 vide sanction No.956- 91 dated 20.07.2009 & 962-67 dated 20.07.2009 R4. The fresh pension case is being sent to Account General Punjab Chandigarh. On receipt of sanction from the Account General Punjab Chandigarh the payments of commutation and the gratuity will be made immediately. In these circumstances the present writ petition deserves to be dismissed.” (3). In view of the undertaking given by the petitioner herself regarding adjustment of the increments, it is directed that the pay of the petitioner may be refixed strictly as per the above undertaking, however, no recovery can be effected from her in the light of the Full Bench decision of this Court in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 . CWP No.1124 of 2009.doc - 3 – (4). The respondents are further directed to release the post-retiral benefits of the petitioner after refixing her pay. The competent authority shall also examine the representation made by the petitioner to permit her to change the date of option for the grant of revised pay-scales. The needful shall be done within a period three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 22.03.2010 vishal shonkar