GURDEEP SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This civil 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 Order dated 22.3.2010 Annexure P-3 and order Annexure P-4 to the extent they direct recovery from the Death Cum Retirement Gratuity of the petitioner.

(2.) Learned Counsel for the petitioner contends that at the verge of retirement, pay of the petitioner is sought to be refixed on withdrawal of benefit under Assured Career Progression Scheme.

(3.) Learned Counsel contends that the petitioner accepts refixation of pay, however, respondents have no right to effect recovery of the amount already released to the petitioner 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).