SUDAGAR 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 Orders/ Letters dated 28.4.2010 (Annexure P-4) and 2.8.2010 (Annexure P-5).

(2.) The effect of the impugned orders is that advance increments had been wrongly given to the petitioner which are sought to be withdrawn at the stage of retirement by revision of pay/ pensionary benefits and therefore, recovery is proposed from the Death Cum Retirement Gratuity.

(3.) Learned Counsel for the petitioner contends that refixation of pay is accepted by the petitioner. The petitioner, however, did not play any fraud or misrepresented facts in getting the advance increments and therefore, 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) .