VIJAY KUMARI Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This 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 the action of the Respondents to the extent it directs recovery from the Petitioner on account of withdrawal of benefit of additional increment(s) granted under Assured Career Progression Scheme.

(2.) Learned Counsel for the Petitioner contends that refixation of pay is accepted by the Petitioner. The Petitioner 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. (Civil Writ Petition No. 2799 of 2008, decided on 22.5.2009),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.