Ravi Bhushan Garg vs Punjab State Electricity Board and Others

Surya Kant, J.—The petitioner retired from the post of Divisional Superintendent in the respondent-Board on attaining the age of

superannuation w.e.f. 31.08.2009. He seeks quashing of the order dated 02.09.2009 (Annexure P3) to the extent or ordering recovery of Rs.

90188/- from his Leave Encashment on withdrawal of the time bound promotional scale allegedly granted to him erroneously on completion of 16

years'' of service.

The respondents have filed their counter-reply/affidavit defending the impugned action.

It is, however, no-where alleged by the respondents in their reply that the petitioner misrepresented the facts; played any fraud or deceived the

authority in order to secure any undeserving monetary benefits.

That being the state of affairs, no recovery can be allowed to be effected from the petitioner as ruled by a Full Bench of this Court in Budh Ram

& Others vs. State of Haryana & Others, 2009 (3) PLR 511 as well as by the Hon''ble Supreme Court in Registrar, Co-operative Societies

Haryana Vs. Israil Khan and Others, .

The writ petition is accordingly allowed in part; the impugned action of the respondents effecting Rs. 90188/- is hereby quashed. The

withheld/recovered amount is directed to be refunded to the petitioner within a period of three months from the date of receipt of a certified copy

of this order.

Ordered accordingly. Dasti.