IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.WP No. 10558 of 2010. [O&M] Date of Decision: 12th July, 2011. Mohinder Kumar Petitioner through Mr. R.K.Arora, Advocate Versus State of Punjab & Anr. Respondents through Mr. B.S.Chahal, DAG, Punjab. 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? SURYA KANT, J. [ORAL] The petitioner is working as an Assistant Oil Seed Development Officer in the Department of Agriculture, Government of Punjab. He seeks a Mandamus for his placement in the higher pay scale of `12000-16350 w.e.f. 16.10.1996 on completion of 16 years' service in terms of the Government instructions and recommendations of the Director, Agriculture, Punjab vide Memo dated 25.06.2007 [Annexure P-6]. The respondents have filed their reply/affidavit. The only objection taken against the petitioner is that earlier he was erroneously granted more than two years' study leave to which he was not entitled and as such an order for recovery of `1,65,201/- was passed against him which has been challenged by him before this Court in CWP No. 3413 of 2007 wherein recovery has been stayed. The aforesaid stand taken by the respondents is also discernible from Para 14 of the reply/affidavit which reads as under:- “14. That the case of placement of petitioner in pay scale of Rs.12,000-16350/- w.e.f. 16.10.1996 is pending for want of recovery of amount of over payment made to him for the period of extra-ordinary leave from 30.11.1993 to 09.05.1995 and also due to the case pending for decision in Hon'ble Punjab and Haryana High Court, Chandigarh, on the issue”. Having heard learned counsel for the parties, I am of the considered view that the petitioner, if otherwise found eligible and entitled for the grant of higher pay scale, can not be denied the same merely because he has availed his legal remedy of right by approaching this Court against the order of recovery. The writ petition is accordingly allowed and the respondents are directed to decide the claim of the petitioner regarding the grant of higher pay scale w.e.f. 16.10.1996 and in case he is found eligible, to grant the same from the due date with all consequential benefits. It is, however, directed that in case the resultant arrears payable to the petitioner are more than `1,65,201/-, in that event, the respondents shall be entitled to withhold the payment of such arrears to the extent of the said amount and the balance amount shall be released within three months from the date a certified copy of this order is received. Suffice it to mention that the entitlement of the petitioner towards payment of withheld arrears to the extent of `1,65,201/- shall depend upon the outcome of CWP No. 3413 of 2007. Disposed of. Dasti. July 12, 2011. ( SURYA KANT ) dinesh JUDGE