(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 action of the respondents under Annexure P-1 to the extent that recovery has been directed to be effected from the amount due towards Death Cum Retirement Gratuity payable to the petitioner.
(2.) Learned Counsel for the petitioner contends that the petitioner had no role to play in enabling the release of benefit of selection grade to the petitioner by way of playing fraud or misrepresentation of facts. In such circumstances, recovery cannot be effected 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 reported as, 2009 (3) PLR 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.