Partly allowed

Dev Raj v. State of Punjab and Ors.

Punjab & Haryana HC22 Apr 2010CWP/17884/2009

Case brief

AI extract

What is this about?

Petitioner challenged orders withdrawing increment benefits and ordering recovery. Court quashed recovery order based on a Full Bench precedent. Claim for ACP scales remitted to an Officers' Committee for individual verification within four months.

What did the court decide?

Quashed recovery order; awarded four months for refund; remitted claim for ACP scales to Officers' Committee.

Dev Raj Vs State of Punjab and Ors. — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.17884 of 2009 Date of Decision : April 22, 2010.

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Dev Raj ..... Petitioner

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versus

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State of Punjab and others ..... Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT.

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Present : Mr.Mehar Singh, Advocate, for the petitioner.

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Ms.Charu Tuli, Senior DAG, Punjab.

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-.-

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1. Whether Reporters of Local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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

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(Oral) Surya Kant, J.

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The petitioner is aggrieved at the impugned orders dated 25.3.2009, 11.6.2009 and 1.9.2009 (Annexures P-2, P-3 and P-4 respectively) whereby the benefits of the increments earlier granted to him have been withdrawn and his pay has been re-fixed/reduced and recovery has been ordered to be effected.

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So far as the recovery is concerned, learned counsel for the parties are ad-item that the controversy is squarely answered in favour of the petitioner by a Full Bench decision of this Court in Budh Ram versus State of Haryana & others, 2009 (3) PLR, 511. Consequently, the recovery order is hereby quashed. The recovery, if any, effected from the

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C.W.P.No .17884 of 2009 2

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petitioner, shall be refunded within a period of four months from the date a certified copy of this order is received.

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Adverting to the petitioner's claim on merits for the grant of ACP Scales, this Court vide order dated 2.3.2010 passed in CWP No.16323 of 2008 (Smt.Sudarshana Devi and another versus State of Punjab and others) has constituted an Officers' Committee to look into such like claims which essentially require verification of an individual's facts. The writ petition qua the afore-stated relief is accordingly disposed of by relegating the petitioner before the Officers' Committee, who shall consider the afore-stated claim in accordance with the Rules/Government Instructions and keeping in view the facts of every individual case and then make appropriate recommendations after hearing the petitioner in person. The needful shall be done within a period of four months from the date a certified copy of this order is received. Till the Committee takes any decision, the petitioner shall continue to draw his retiral benefits as per the reduced/re-fixed pay.

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Disposed of.

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Dasti.

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April 22, 2010 Mohinder

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(SURYA KANT) JUDGE

Dev Raj v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Dev Raj v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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