GURMAIL SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 18.2.2005 (Annexure P-1) to the extent it directs recovery from Gurmail Singh (since deceased). Gurmail Singh, who was working as Daffedar in the Respondent-Irrigation Department, superannuated on 30.6.2005. A perusal of the order (Annexure P-1) indicates that increments were sanctioned in favour of Gurmail Singh on account of service rendered by him in military. Gurmail Singh, however, was entitled to less number of increments. On withdrawal of increments, the recovery has been ordered.

(2.) Learned Counsel for the Petitioners, at the outset, contends that the claim of the Petitioners is limited to challenge to recovery only. Refixation of pay is not under challenge.

(3.) Learned Counsel for the Petitioners further contends that Gurmail Singh did not play any fraud or misrepresent facts to get monetary benefits. In such 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.,2009 3 PunLR 511.