CWP No.15835 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.15835 of 2010 Date of Decision: 17.12.2010 **** Chander Prabha . . . . Petitioner VS. POWERCOM & Anr. . . . . . 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. RS Bajaj, Advocate for the petitioner Mr. PS Mattewal, Advocate for respondents ***** SURYA KANT J. (ORAL) (1). The petitioner is aggrieved by the impugned recovery of Rs.79,965/-, ordered to be effected from her Gratuity upon withdrawal of the benefit of time bound promotional scale granted to her on completion of 16 years of service. (2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter-reply. It is nowhere alleged therein that the petitioner misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s). CWP No.15835 of 2010.doc - 2 – (3). Applying the ratio decidendi of the decision in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 decided by a Full Bench of this Court and a later decision of the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440, I am of the considered view that no recovery can be effected from the petitioner. (4). Consequently, the writ petition is allowed and the impugned action of the respondents in ordering recovery of `79965/- is hereby quashed. The respondents are directed to refund the amount if already recovered from the petitioner within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. Dasti. 17.12.2010 vishal shonkar (SURYA KANT) JUDGE