CWP No. 1322 of 1990 1 In the High Court of Punjab and Haryana, Chandigarh. CWP No. 1322 of 1990(O&M) Date of Decision: 17.02.2010 Smt. Saroj Sharma ....Petitioner Versus State of Haryana and another ....Respondents. Coram:- Hon'ble Mr. Justice Alok Singh Present: Mr. C.B. Goel, Advocate with Mr. Nitin Jain & Manoj Sharma, Advocates for the petitioner. Mr. Deepak Girhotra, AAG, Haryana for the State. ... Alok Singh, J. (Oral). 1. By way of the present writ petition, the petitioner is seeking writ of certiorari quashing the Memos Annexures P-4, P-6 and P-10 dated 17.5.1988, 12.7.1988 and 9.10.1989, respectively and further mandamus commanding the respondents to grant benefit of adhoc service towards seniority, promotion, increment and also to include the period of Extra Ordinary Leave. 2. Learned counsel for the petitioner in view of the statement made in paragraph 21 (c) of the written statement does not want to press the instant writ petition for the purpose of counting adhoc service for grant of all the benefits to the petitioner. However, learned counsel for the petitioner CWP No. 1322 of 1990 2 stated that since payments were released to the petitioner by the respondents without any misrepresentation or fraud being paid by the petitioner, no recovery can be made from the petitioner. 3. Learned counsel for the petitioners has relied upon the judgement of full bench of this Court in Budh Ram & others Vs. State of Haryana and others, 2009(3) PLR 511. 4. On being asked, learned counsel for the State stated that he is not in a position to tell the court as to whether the petitioner ever misrepresented or played fraud in getting the amount in question released. If the petitioner is not found to have played any fraud or misrepresented to the respondents, no recovery can be made from him. 5. Consequently, writ petition is allowed for prayer 'A' without any order as to costs and the impugned memos dated 17.5.1988, 12.7.1988 and 9.10.1989 are quashed. ( Alok Singh ) Judge 17.02.2010 sk.