CWP No.3009 of 2005 (O&M) :1: In the High Court of Punjab and Haryana at Chandigarh. Date of decision:18.02.2009. Gurkirat Singh and another ... Petitioner Versus State of Punjab and others ... Respondents. CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.RK Arora, Advocate for the petitioners. Mr. BS Chahal, Senior DAG,Punjab. PERMOD KOHLI, J. (Oral): At the time of issuance of notice of motion on 25.02.2005, this petition was directed to be listed along with CWP No.16730 of 2004.. The said writ petition has been decided vide order dated 30.04.2008, wherein the following directions have been issued:- “ This petition is accordingly partly allowed and the impugned orders Annexure P-7 to P-20, so far as they seek to effect recovery from the petitioners, are hereby quashed. However, no interference is being made to the extent of re- fixation of the pay of the petitioners. It is directed that if any amount has already been recovered from the petitioners pursuant to the impugned orders, the same shall be refunded to them within a period of three months from the date CWP No.3009 of 2005 (O&M) :2: of receipt of a certified copy of this order.” Even Hon'ble the Supreme Court of India in the case of State of Punjab & Ors. Vs. Harjinder Kaur and ors. (Civil Appeal No.6525 of 1998) decided on 20.02.2001, has held as follows:- “On perusal of the papers and on the consideration of the submissions made by the learned counsel for the parties, we are satisfied that this case is covered by the decision in the State of Haryana Vs. Haryana Veterinary & AHTS Association and another (supra). Accordingly, the appeals are allowed and the judgments/orders under challenge are set aside. We make it clear that if any of the respondents has drawn any amount on the basis of the step up pay granted to counting the ad hoc service following the judgment/order passed by the High Court then the State shall not recover the amount drawn by him. But regarding the fixation/determination of cadre seniority the position laid down in this order will govern. No costs.” In view of the aforesaid judgments, this writ petition is allowed and it is directed that the respondents are at liberty to re-fix the salary of the petitioner at the time of their retirement and release the retrial benefits without effecting any recovery. It is further directed that, if any, recovery CWP No.3009 of 2005 (O&M) :3: has already been effected from the petitioners, the same shall be refunded to them within a period of three months from the date of receipt of a certified copy of this order. No costs. 18.02.2009. (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO