Kishan Chand v. State Of Hry. & ORS.

2024:PHHC:009104 CWP-16498-2005 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 303/2 CWP-16498-2005 Date of Decision: 23.01.2024 Kishan Chand

...Petitioner(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- None for the petitioner Ms. Tanushree Gupta, DAG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) This petition has been filed, inter alia, seeking a writ of certiorari quashing the order dated 26.03.2004, Annexure P-2, whereby the petitioner's pay was reduced and re-fixed at ₹8100 with effect from 01.01.1996, instead of ₹8700 in the pay scale of ₹6500-10500, and directing the respondents to refund the amount recovered from him as per instructions dated 18.07.2001.

2.

Learned State counsel submits that the petitioner's pay was wrongly fixed, the mistake was rectified in terms of instructions dated 18.07.2001, and recovery was effected. The petitioner himself vide letter dated 02.04.2004, appended to the written statement, requested that the due amount may be adjusted against the gratuity payable to him. Accordingly, the amount already stands recovered in terms thereof. The respondents were PAYAL 2024.01.29 09:48 I attest to the accuracy and authenticity of this order/judgment

2024:PHHC:009104 CWP-16498-2005 -2within their rights to effect the recovery in terms of instructions as per the law applicable at that time.

3.

In view of this factual situation which has not been disputed by the petitioner by filing any replication, the impugned order need not be interfered with.

4.

Dismissed.

(TRIBHUVAN DAHIYA) JUDGE 23.01.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2024.01.29 09:48 I attest to the accuracy and authenticity of this order/judgment