LPA No. 808 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 808 of 2010(O&M) Date of decision 15 .7.2010 Pepsu Road Transport Corporation ... Appellant Versus Pakhar Singh ... Respondent CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. S.P. Garg,Advocate for the appellant 1.To be referred to the Reporter or not ? 2.Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. The Pepsu Road Transport Corporation (for brevity 'the Corporation') has filed the instant appeal under Clause X of the Letters Patent challenging judgement dated 8.12.2008 rendered by the learned Single Judge in CWP No. 19530 of 2008. The learned Single Judge has quashed the order of re-fixation of salary of the petitioner- respondent who was conductor in the appellant- corporation since 1970. He retired from service on 30.6.2008. On 6.11.2008, the appellant-Corporation passed an order re-fixing the salary and ordering recovery of Rs. 60,440/-. The learned Single Judge has opined that no recovery could have been ordered unless it was a case of fraud and mis-representation and has rightly relied upon the views expressed by a Full Bench of this Court in the case of Budh Ram and another v. State of Haryana 2009(3) PLR 511. Even on merits, the learned Single Judge has found that the order of re-fixation of pay is unsustainable because the salary of the LPA No. 808 of 2010 2 petitioner has been re-fixed by substituting the date of 1.1.1978 whereas he has opted for revised pay w.e.f. the later date namely 8.02.1978 when he was given special increment over and above his pay on account of not joining the strike by the employees of the appellant- corporation. It is admitted that option was given to the petitioner- respondent to opt any other date for fixation of revised pay then the one prescribed by the rules namely 1.1.1978. The appeal is wholly without merit and does not warrant admission. As a sequel to the above discussion, the appeal fails and the same is dismissed. (M.M.Kumar) Judge (A. N. Jindal ) 15.7.2010 Judge okg