CWP No.11914 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.11914 of 2009 (O&M) Date of Decision: 17.05.2010 **** Gurdeep Singh Sodhi and others . . . . Petitioners VS. State of Punjab and others . . . . 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. H.R. Kapil, Advocate for the petitioners Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioners, who are serving/retired employees of the Department of Water Supply and Sanitation, Government of Punjab, are aggrieved at the show cause notices issued to them, whereby, the benefit of Proficiency Step-up is sought to be withdrawn and consequential recoveries are sought to be effected. As regards petitioner No.1, recovery to the tune of Rs.67000/- is already said to have been made from him. CWP No.11914 of 2009.doc - 2 – (2). It is apparent from the record that the petitioners have already submitted their replies to the show cause notices but no final order has been passed by the competent authority so far. (3). Even without relegating the petitioners to the competent authority for a final decision with regard to their entitlement to the proficiency step-up, the controversy, so far as it pertains to the recovery, can be set at rest in the light of the view taken by a Full Bench of this Court in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511. Suffice it to observe that the respondents nowhere have alleged that the petitioners misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s). (4). In this view of the matter, it is directed that no recovery can be effected from the petitioners even if they are held disentitled to the benefit of Proficiency Step-up. The recovery orders are, accordingly, quashed and the same, if already effected, is ordered to be refunded to the petitioners within a period of four months from the date of receipt of a certified copy of this order. (5). In so far as the petitioners’ contention that they were rightly granted the benefit of Proficiency Step-up etc., is CWP No.11914 of 2009.doc - 3 – concerned, the respondents No.2 & 3 are directed to consider their claim afresh in accordance with Rules/Government policies/Instructions and dispose of the same by passing a speaking order within the aforesaid period. (6). Ordered accordingly. (7). Dasti. (SURYA KANT) JUDGE 17.05.2010 vishal shonkar