SUDESH KUMARI Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) Challenge in this petition is to Order dated 7.12.2010 (Annexure P-1) vide which recovery has been ordered on account of wrong fixation of pay of the Petitioner. The incident of refixation of pay has been brought at the juncture of retirement of the Petitioner.

(2.) Learned Counsel for the Petitioner contends that refixation of pay is accepted by the Petitioner. The Petitioner did not play any fraud or mis represent facts to get monetary benefits. The Respondents might have committed an error in fixing the pay of the Petitioner initially, however, the Petitioner can not be blamed for the same. Insuch 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. (Civil Writ Petition No. 2799 of 2008, decided on 22.5.2009) reported as, 2009(3) PLR 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 others), decided on 2.3.2010.