High Court Punjab-Haryana High Court

Ruby Mehta vs State Of Punjab & Others on 10 September, 2009

Punjab-Haryana High Court
Ruby Mehta vs State Of Punjab & Others on 10 September, 2009
 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH



                              Civil Writ Petition No.13756 of 2009
                                  Date of Decision: September 10, 2009


Ruby Mehta
                                                       .....PETITIONER(S)

                                  VERSUS


State of Punjab & Others
                                                      .....RESPONDENT(S)

                              .      .     .


CORAM:              HON'BLE MR. JUSTICE AJAI LAMBA


PRESENT: -          Mr. S.K. Arora, Advocate, for the
                    petitioner.

                    Mr. B.S. Chahal, Deputy Advocate
                    General,    Punjab,   for    the
                    respondents.


                              .      .     .

AJAI LAMBA, J (Oral)

                    In this petition filed under Article

226/227 of the Constitution of India, prayer is for

issuance   of   a    writ     in    the    nature      of    certiorari,

quashing Letter dated 16.7.2008 (Annexure P-1) vide

which the pay of the petitioner has been ordered to

be   refixed.   Further,          orders       have   been   passed   for

effecting recovery.

                    Facts

pleaded in the petition indicate

that the petitioner had been paid excess amount on

account of wrong fixation of pay.

Learned counsel for the petitioner

contends that challenge is not to the refixation of
CWP No.13756 of 2009 [2]

pay. Challenge, however, is to recovery being

effected from the petitioner.

                   It        has       been        contended            that    the

petitioner        neither              played            any      fraud          nor

misrepresented         the    facts         so     as    to     actuate        wrong

fixation of pay. In this view of the matter, the

case of the petitioner is covered by judgment dated

22.5.2009 rendered by the Hon’ble Full Bench of

this Court in Civil Writ Petition No.2799 of 2008 (Budh Ram &

Others vs. State of Haryana & Others).

Learned counsel for the respondents

has not been able to draw attention of the Court

towards any material or evidence to indicate that

the petitioner had played fraud or misrepresented

facts.

In view of the above, it become

evident that the matter is covered by judgment

dated 22.5.2009 rendered by the Hon’ble Full

Bench of this Court in Civil Writ Petition No.2799 of 2008

(Budh Ram & Others vs. State of Haryana & Others).

The petition is allowed to the

extent that the respondents would have no right

to effect recovery from the petitioner on account

of refixation of pay. Consequently, the

respondents are directed that if any recovery has

been effected from the petitioner, the amount

shall be refunded to the petitioner within a
CWP No.13756 of 2009 [3]

period of four months from the date of receipt of

a certified copy of this order.


                                                       (AJAI LAMBA)
September 10, 2009                                        JUDGE
avin




1. To be referred to the Reporters or not?

2. Whether the judgment should be reported in the Digest?