WPSS/1543/2023
2023 Latest Caselaw 2478 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                     COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
             with Signatures
                                 WPSS No.1543 of 2023
                                 Hon'ble Pankaj Purohit, J.

Mr. Bhagwat Mehra, learned counsel for the petitioners.

2. Mr. R.C. Joshi, learned Brief Holder for the State.

3. By means of this writ petition, petitioners have challenged the order dated 18.09.2018 issued by respondent no.2 and also the impugned order dated 19.12.2018/20.12.2018 passed by respondent no.3, annexure nos.9 & 11, respectively to the writ petition, by which the petitioners who have been granted selection grade by the respondent- Department are directed to pay back the excess payment paid to them, due to the reason of wrong payment of the selection grade.

4. Learned counsel for the petitioners submits that the selection grade has been given to the petitioners in the year 2012- 2013 and the same was granted to the petitioners by the respondent, in which there was no misrepresentation or fraud allegedly being played by the petitioners.

5. Learned State Counsel prays for and is granted eight weeks' time to file counter affidavit.

6. Thereafter, two weeks' time is granted

to the petitioners to file rejoinder affidavit.

7. List this matter on 20.11.2023.

8. In this view of the matter, following the ratio of the judgment passed by the Hon'ble Apex Court in State of Punjab and Others vs. Rafiq Mashi, reported in 2015 (4) SCC 334, the respondents are directed not to make any recovery from the petitioners till the pendency of this writ petition.

9. Interim relief application (IA No.1/2023) stands disposed of accordingly.

(Pankaj Purohit, J.) 24.08.2023 AK