AMARJIT SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This civil writ petition has been filed under Article 226/227 of the Constitution of India, praying for issuance of a writ in the nature of certiorari, quashing action of the respondents vide which recovery is sought to be made from Death Cum Retirement Gratuity due towards the petitioner at the time of his retirement.

(2.) Learned Counsel for the petitioner contends that certain benefits were given to the petitioner during the course of his service by the respondents. Petitioner did not play any fraud or misrepresented facts in getting those benefits. In such circumstances, recovery cannot be effected in terms of law laid down by this Court while dealing with Budh Ram and Ors. v. State of Haryana and Ors,2009 3 PunLR 511. Civil Writ Petition No. 2799 of 2008, decided on 22.5.2009 and Darshan Singh v. State of Punjab and Ors. Civil Writ Petition No. 677 of 2008, decided on 27.5.2009. It has been stated that the petitioner accepts refixation of pay.

(3.) Learned Counsel for the petitioner further states that the petitioner would be satisfied if the petition is disposed of in terms of decision of this Court rendered in CWP 697 of 2010 Kaur Chand v. State of Punjab and Ors. decided on 2.3.2010.