CWP No.18036 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.18036 of 2009 Date of Decision: 19.07.2010 **** Anita Gupta . . . . Petitioner VS. Punjab State Electricity Board & Ors. . . . . . 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. Arvind Kashyap, Advocate for the petitioner Mr. AS Sidhu, Senior Advocate with Mr. Pavit Mattewal, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner who is serving as Circle Assistant in the erstwhile Punjab State Electricity Board, is aggrieved by the recovery of Rs.68537/- which is duly reflected from the entries made in her Service Book (Annexure P3). The impugned recovery is sought to be effected on account of the alleged erroneous grant of time bound pay scales to the petitioner on completion of 9 & 16 years of service. CWP No.18036 of 2009.doc - 2 – (2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter- reply/affidavit in which nowhere it is alleged that the petitioner misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s). Rather it is apparent from the reply that the benefit was granted to the petitioner on misconstruction of the Rules. (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 which substantially endorses the views taken in Budh Ram’s case (supra), I am of the considered view that no recovery can be effected from the petitioner. (4). Consequently, the writ petition is allowed; the action of the respondents in ordering recovery of Rs.68537/-is hereby quashed with a direction to the respondents to refund the amount recovered from the petitioner within a period of three months CWP No.18036 of 2009.doc - 3 – from the date of receipt of a certified copy of this order. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 19.07.2010 vishal shonkar