Allowed

Pardeep Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC5 Aug 2011CWP/11279/2011

Case brief

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What is this about?

The Court disposed of five writ petitions involving employees of the Health and Family Welfare Department aggrieved by the withdrawal of their selection grade. The judgment quashed the recovery order and mandated refund based on binding full bench and apex court decisions.

What did the court decide?

The impugned recovery order is quashed; amounts recovered shall be refunded within three days of receipt of the certified copy.

Pardeep Singh and Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2011)

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HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.11279 of 2011(O&M) Date of Decision: 05.08.2011

Pardeep Singh & Ors.

VS.

State of Punjab & Ors.

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. . . . Respondents

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CORAM : HON’BLE MR.JUSTICE SURYA KANT

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1. Whether Reporters of local papers may be allowed to see the judgment? 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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Present: Mr. HS Baath, Advocate for the petitioners

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Ms. Sudeepti Sharma, DAG Punjab

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SURYA KANT, J. (ORAL)

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(1). This order shall dispose of CWP Nos.11279, 12615, 12436, 13501 & 13550 of 2011 involving common issues.

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(2). The petitioners, who are working in the Health and Family Welfare Department, Government of Punjab, are aggrieved by the action of the respondents in withdrawing the selection grade granted to them and ordering the consequential recovery.

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(3). During the course of hearing, learned counsel for the parties are ad idem that the present petition(s) be disposed of in the light of the directions issued to the Officers’ Committee constituted vide order dated 31.03.2010 passed in CWP

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No.18754 of 2007 (Amarjit Singh v. State of Punjab &

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Ors.) .

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2 –

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CWP No.11279 of 2011.doc

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(4). Ordered accordingly.

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(5). As regards recovery, the same cannot sustain in view of the decision of the Full Bench of this Court in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 as well as the decision of the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440 . The writ petition to that extent is allowed; the impugned recovery order is quashed and the amounts, if any already recovered from the petitioner(s) shall be refunded to them within a period of three months from the date of receipt of a certified copy of this order.

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(6). Disposed of accordingly. Dasti .

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05.08.2011 (S u r y a K a n t) vishal shonkar Judge

Pardeep Singh and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Pardeep Singh and Ors. 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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