NIRMAN 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 dated27.1.2010 (Annexure P-2) to the extent it directs recovery from the petitioner.

(2.) Learned Counsel for the petitioner contends that benefit of proficiency step up was given to the petitioner by the respondents. The benefit was not released on account of any fraud played by the petitioner or misrepresentation of facts. In such circumstances, the respondents cannot effect recovery from the petitioner after retirement in view of law laid 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 petitioner would be satisfied if the petition is disposed of in terms of decision of this Court rendered in C.W.P. 697 of 2010 Kaur Chand v. State of Punjab and Ors., decided on 2.3.2010.