JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 24/12/2009 (Annexure P-2), to the extent it directs recovery from the petitioner on account of withdrawal of benefit given to the petitioner under the Assured Career Progression Scheme.

(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 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 & Others vs. State of Haryana & Others (Civil Writ Petition No.2799 of 2008, decided on 22/5/2009) reported as 2009(3) PLR 511.