GURNAM SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This petition has been filed under Article 226/227 of the Constitution of India, praying for issuance of a writ in the nature ofcertiorari, quashing Order dated 25.11.2010(Annexure P-1) to the extent it directs recovery from the Petitioner on re fixation of pay on account of withdrawal of benefit of proficiency step ups on completion of 8/18 years of service.

(2.) Learned Counsel for the Petitioner contends that re fixation 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.,2009 3 PunLR 511.

(3.) Learned Counsel for the Petitioner further states that the Petitioner would be sat is fied if the petition is disposed of in terms of decision of this Court rendered in Kaur Chand v. State of Punjab and Ors. CWP 697 of 2010, decided on 2.3.2010.