INDRA Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This civil writ petition has beenfiled under Article 226/227 of theConstitution of India praying for issuance ofa writ in the nature of certiorari, quashingOrder dated 29.10.2009 (Annexure P-1) to theextent it directs recovery from thePetitioner.

(2.) Learned Counsel for thePetitioner contends that refixation of pay is accepted by the Petitioner. The Petitionerdid not play any fraud or misrepresent factsto get monetary benefits. The Respondentsmight have committed an error in fixing thepay of the Petitioner initially, however, thePetitioner cannot be blamed for the same. Insuch circumstances, the Respondents cannoteffect 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 (Civil Writ Petition No. 2799 of 2008,decided on 22.5.2009).

(3.) Learned Counsel for the petitioner further states that the Petitionerwould be satisfied if the petition is disposedof in terms of decision of this Court CWP 697 of 2010 (Kaur Chand v. State of Punjab and oth-ers), decided on 2.3.2010.