IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.3098 of 2011 DATE OF DECISION: October 04, 2011 Sukhdev Kumar …..Petitioner versus State of Punjab and others .....Respondents CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.M.K. Dogra, Advocate for the petitioner Mr. BBS Teji, Sr. DAG, Punjab .. RAJAN GUPTA, J.: (Oral) The petitioner has confined his prayer to quashing the action of the respondents whereby recovery is sought to be effected from him pursuant to order dated 11.10.2010 (Annexure P-4). Learned counsel for the petitioner submits that petitioner does not press the other prayers made in the petition. He submits that petitioner had been working as Electrician in Ranjit Sagar Dam, Shahpurkandi Township. He retired on 31.12.2006 on attaining the age of superannuation. Vide order dated 19.5.2010 (Annexure P-1), pay scale of Rs.1200-2100/- was ordered to be withdrawn. On basis of same, recovery of Rs.1,23,725/- is sought to be effected from the petitioner. He relies on judgment delivered in Prem Parkash vs. State of Punjab and others, CWP No.22682 of 2010, decided on 5.5.2011 to contend that recovery of the amount already paid cannot be effected from the retrial dues. C.W.P. No.3098 of 2011 - 2 – Learned State counsel does not dispute the contention that claim of the petitioner regarding recovery of the amount in question is covered by the ratio of judgment in Prem Parkash’s case (supra). Under the circumstances, this writ petition is partly allowed. Impugned order-Annexure P/4 insofar as it relates to recovery to be effected from petitioner in view of downgraded pay scale is hereby quashed. However, the respondents shall be at liberty to re-fix the salary of the petitioner in accordance with law. October 04, 2011 ( RAJAN GUPTA ) pc JUDGE 2