LAWS(P&H)-2010-8-468

VEER CHAND Vs. STATE OF PUNJAB AND ORS

Decided On August 05, 2010
Veer Chand Appellant
V/S
State Of Punjab And Ors Respondents

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India has been filed by the petitioner praying for issuance of a writ in the nature of certiorari quashing order dated 29.7.2010 (Annexure P-1), to the extent it directs recovery from the Death-cum-Retirement Gratuity payable to the petitioner. The recovery has been ordered on account of withdrawal of proficiency step-up purportedly released by the respondents on account of their error.

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

(3.) Learned Counsel for the petitioner further contends that the 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.