IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 22958 of 2010 Date of decision : 03.03.2011 Smt.Ravinder Kaur … Petitioner Versus State of Punjab and others …Respondents CORAM : HON’BLE MR.JUSTICE PERMOD KOHLI Present: Mr.S.K.Sharma, Advocate for the petitioner. Ms.Anu Pal, AAG, Punjab. Permod Kohli, J. Petitioner retired from service on 31.10.2010 on attaining the age of superannuation. She has filed this petition challenging the order of refixation dated 6.10.2010 (Annexure P-1/A) and order of over payment calculation/recovery (Annexure P-1/B). It is stated that after retirement when case of the petitioner was being processed for payment of retiral benefits, the respondents have re-fixed the pay of the petitioner and also wanted the recovery of Rs.2,13,875/-. From the perusal of the impugned orders, it appears that the benefits were conferred to the petitioner without any misrepresentation or fraud attributable to the petitioner. Now pay of the petitioner has been re-fixed and recovery order. It is also relevant to mention here that the controversy arisen in this petition, is covered by the judgment of Full Bench 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. 22958 of 2010 In view of the above, the impugned orders dated 6.10.2010 (Annexures P-1/A) and P-1/B) to the extent of recovery against the petitioner are not tenable in the eyes of law and are hereby quashed. However, respondents are at liberty to re-fix the pay of the petitioner. Petition stands disposed of. ( Permod Kohli ) Judge 03.03.2011 sd 2