MOHINDER SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing order dated 23.07.2010 Annexure P-1 to the extent it directs recovery of amount released to the petitioner on account of wrong fixation of pay.

(2.) Learned Counsel contends that pay was wrongly fixed by error of the respondents and not on account of misrepresentation of the petitioner. In such circumstances, the amount released by the respondents on account of an error on their part cannot be withdrawn in view of the law settled by Full Bench of this Cout in Budh Ram and Ors. v. State of Haryana and Ors.,2009 3 PunLR 511

(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.