Suminder Singh and Others vs The State of Punjab and Others

Ritu Bahri, J.—This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of writ in the nature of certiorari/mandamus quashing the orders dated 20.10.2010 (Annexures P-2 & P-3), dated 25.10.2010, 31.10.2010 and 28.1.2010 (Annexures P-4 to P-6 respectively), to the extent these direct recovery of excess amount paid on account of grant of increments without passing typing test.

Learned Counsel for the Petitioners contends that the claim of the Petitioners is limited to challenge to recovery only. Refixation of pay is not under challenge.

This issue came up before this Court in titled as Kanwal Lal v. State of Punjab and Ors. C.W.P. No. 20091 of 2010, decided on 11.11.2010. In view of the law laid down by the Full Bench of this Court in Budh Ram and Ors. v. State of Haryana and Ors., C.W.P. No. 2799 of 2008 decided on 22.5.2009, reported as 2009(3) PLR 511, the Respondents cannot effect recovery. Learned Judge has disposed of C.W.P. No. 20091 of 2010 by placing reliance on Kaur Chand v. State of Punjab and Ors. C.W.P. No. 697 of 2010 decided on 2.3.2010

Notice of motion.

On the asking of the Court, Mr. B.S. Chahal, D.A.G., Punjab, accepts notice on behalf of the Respondents. Requisite number of copies of the petition have been handed over to learned Counsel for the Respondents. He does not dispute that the present writ petition is squarely covered by the decision rendered in Kanwal Lal''s case (supra).

In view of the fact that the issue raised in this petition is squarely covered by the judgment rendered in Kanwal Lal''s case (supra), this petition is allowed in the same terms.