VEENA SETHI 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 25.9.2009 (Annexure P-1) to the extent it directs recovery from the petitioner on withdrawal of benefit of proficiency step up and refixation of pay.

(2.) Learned Counsel contends that refixation of pay is accepted by the petitioner, however, in view of the fact that petitioner has not played any fraud in initial fixation of pay and has not misrepresented facts, recovery cannot be effected.

(3.) Learned Counsel contends that the issue has been dealt by Full Bench of this Court in Budh Ram and Ors. v. State of Haryana and Ors. (Civil Writ Petition No. 2799 of 2008, decided on 22.5.2009) reported as, 2009 (3) PLR 511.