Petitioner challenged deduction from salary due to seniority disturbance. Court applied law from Budh Ram case and allowed writ petition to prevent further recovery.
Recovery of amount paid in excess shall not be made from the petitioner.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CIVIL WRIT PETITION NO.20565 OF 2009 DATE OF DECISION: JANUARY 31 ,2011
Rukmani Raman Yadav
.....Petitioner
VERSUS
The Karnal Central Cooperative Bank Ltd., Karnal and another
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
PRESENT: Mr. Naveen Daryal, Advocate, for the petitioner.
None for the respondents.
RANJIT SINGH, J. (ORAL)
Prayer made by the petitioner is that recovery of an amount of `2,81,860/-, which is being effected from his pay and allowances, may not be open to be recovered in view of the law laid down in case of Budh Ram and others Vs. State of Haryana and others, 2009(3) SCT 333.
In reply to the averments made in the petition, it is stated that seniority of the petitioner was got disturbed in view of the judgment passed by Civil Court on behalf of some of his coemployees and accordingly the recovery is being effected on account of change of seniority and resultant promotion.
There is no allegation that any payment was made to the
CIVIL WRIT PETITION NO.20565 OF 2009 :{ 2 }:
petitioner on account of any misrepresentation or fraud. That being the position, the ratio of law laid down in Budh Ram's case (supra) would be attracted to the facts of the present case.
The writ petition is accordingly allowed to the extent that recovery of the amount paid in excess be not made from the petitioner.
January 31,2011 khurmi
(RANJIT SINGH ) JUDGE
1 issue framed by the court
Whether recovery of an amount deducted from the petitioner's pay and allowances due to seniority disturbance opens to challenge under law laid down in Budh Ram case.
Colour shows how this judgement treated each authority
Budh Ram and others Vs. State of Haryana and othersApplied¶13
Budh Ram and others Vs. State of Haryana and others, 2009(3) SCT 333
Rukmani Raman Yadav
The Karnal Central Cooperative Bank Ltd.
Ranjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
