MELA RAM Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 29.10.2009, Annexure P-1, to the extent it directs recovery of Rs. 46,129/-from the Petitioner on account of wrong fixation of pay of the Petitioner.

(2.) Learned Counsel for the Petitioner, at the outset, contends that the claim of the Petitioner is limited to challenge to recovery only. Refixation of pay is not under challenge.

(3.) Learned Counsel for the Petitioner further contends that the Petitioner did not play any fraud or misrepresent facts to get monetary benefits. In such circumstances, the Respondents cannot 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 (Civil Writ Petition No. 2799 of 2008, decided on 22.5.2009).