GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of CWP Nos. 5459 of 2018, 5385 of 2018, 5428 of 2018, 5472 of 2018, 5463 of 2018 and 5441 of 2018.

(2.) All the writ petitions are being disposed of by the common order for the reason that the same question of law arises in all the above mentioned writ petitions i.e. whether the recovery could have been effected from the petitioner(s) on account of the re-fixation of their pay in view of the settled principle of law as settled by Hon'ble the Supreme Court in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) etc., 2015 4 SCC 334.

(3.) Before reverting to the question of law, the facts in respect of each writ petition as to when the benefit of ACP was granted and the impugned order of recovery was passed and the date of retirement of the petitioner(s) in each writ petition is given in the chart, which is as under:- <FRM>JUDGEMENT_82_LAWS(P&H)2_2019_1.html</FRM>