BHAGWANT KAUR 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 Order dated 18.3.2010 (Annexure P-2) to the extent it directs recovery from the Death Cum Retirement Gratuity payable to the petitioner.

(2.) Learned Counsel for the petitioner contends that refixation of pay is accepted by the petitioner. Petitioner did not enable the respondents to fix the pay of the petitioner initially. Error is on the part of the respondents in fixation of pay. In such circumstances, because the petitioner did not play any fraud or misrepresented facts, the respondents have no right to 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

(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.