PRITAM CHAND Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) Challenge in this petition filed under Article 226/227 of the Constitution of India is to Annexure P-1 and P-2 dated10.8.2010 and 28.11.2010, respectively to the extent they direct recovery from the Petitioner.

(2.) Annexure P-1 brings out the fact that the Petitioner had taken junior secondary teacher benefit to which thePetitioner was not entitled. In such circumstances pay of the Petitioner is required to be re fixed. Vide Annexure P-2,recovery has been ordered to be effected from the Petitioner.

(3.) Learned Counsel for the Petitioner contends that re fixation of pay is accepted by the Petitioner. The Petitioner did not play any fraud or misrepresent facts to get monetary benefits. The Respondents might have committed an error in fixing the pay of the Petitioner initially, however, the Petitioner cannot be blamed for the same. Insuch circumstances, the Respondents can not effect recovery in view of law laid down by Full Bench of this Court in Budh Ram and Ors. v. State of Haryana and Ors.,2009 3 PunLR 511.