MALAGAR SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This petition has been filed under Articles 226 & 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing order Annexure P-1 dated 01.07.2010 to the extent it directs recovery from the petitioner on refixation of pay of the petitioner.

(2.) Learned Counsel for the petitioner contends that the refixation of pay is being accepted by the petitioner. Only the recovery is under challenge in view of the fact that the petitioner did not initially enable the respondents to given benefit to the petitioner in fixation of pay by way of playing fraud or misrepresenting facts. Learned Counsel further contends that issue has been considered by Full Bench of this Court while dealing with 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.