COCP No. 495 of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh … COCP No. 495 of 2009(O&M) Date of decision: November 11, 2009 Jagdish Rai .. Petitioner Versus Shri Ajit M.Sharan and another ..Respondents Coram: Hon'ble Mr. Justice Rakesh Kumar Garg Present: None .. Rakesh Kumar Garg,J(Oral) As per the averments made in this petition, petitioner filed CWP No.8085 of 2005 in this Court and the same was disposed of in terms of the judgment passed in CWP No.18601 of 2006. The operative part of the aforesaid judgment reads as follows:- “ In view of the above discussion, Annexure P-6 and P-7 stand quashed and the order withdrawing the increments from the petitioners on the basis of Annexure P-6, also stands quashed. It is further ordered that no recovery, on the basis of letter dated 22.8.2003, Annexure P-6 and P-7, from the petitioners be made. If any amount is recovered from any of the petitioners on account of re-fixation of pay, on the basis of Annexure P-6, the same be refunded to the respective petitioners within six months from today.” The contention of the petitioner before this court is that despite the aforesaid order neither the refund of the recovered amount has been made nor the pay of the petitioner is restored. In response to the show cause notice issued by this court an COCP No. 495 of 2009 2 affidavit of Shri Bhagat Ram Vats, District Elementary Education Officer, Hissar was filed on behalf of respondent No.2 wherein it has been submitted as under:- “That in compliance of the orders dated 10.4.2008 passed by this Hon'ble Court, the Financial Commissioner & Principal Secretary to Government Haryana, Finance Department on 5.8.2008 issued instructions to all the Heads of the Departments in Haryana for compliance of the orders of this Hon'ble Court. It is submitted that in compliance of the orders of this Hon'ble Court, the pay of the petitioner has been re-fixed. The copy of the same is annexed as Annexure R-1. It is submitted that the deponent has withheld the amount of Rs. 41226/- from the DCRG of the petitioner. The Accountant General, Haryana vide letter dated 26.2.2007 released the amount of Rs. 4701/- to the petitioner. The copy of the same is annexed as Annexure R-II. It is submitted that the Accountant General, Haryana vide letter dated 15.4.2009 released the rest amount of Rs. 36525/- to the petitioner. The copy of the same is annexed as Annexure R-III. It is submitted that the deponent has totally refunded the withheld amount of DCRG to the petitioner. Nothing is due.” From the aforesaid reply, it is clear that the pay of the petitioner has been re-fixed by the respondents and the total withheld amount of DCRG has been refunded to him. The aforesaid reply filed on behalf of the respondent has not been controverted by the petitioner. Even there is no representation on behalf the petitioner. Thus, in view of the fact that the order passed by this court stand complied with, I am not inclined to proceed further in this petition. Rule discharged. November 11, 2009 (RAKESH KUMAR GARG) nk JUDGE