WPSS/1566/2023
2023 Latest Caselaw 2509 UK

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                                 WPSS No.1566 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.10 & 12, respectively to the writ petition, by which the respondent no.3 has cancelled the promotional pay scale (Grade Pay Rs.5400/-) granted to the petitioners, and also directed for recovery of excess payment made to the petitioners.

4. Learned counsel for the petitioners submitted that the promotional scale (Grade Pay Rs.5400/-) was granted to the petitioners in accordance with prevailing government orders and after due recommendation of the Selection Committee, in which there was no misrepresentation or fraud committed 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. Following the ratio of the judgment passed

by the Hon'ble Apex Court in State of Punjab and Others vs. Rafiq Masih, reported in 2015 (4) SCC 334, the respondents are directed not to make any recovery from the petitioners during pendency of this writ petition.

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

(Pankaj Purohit, J.) 25.08.2023 Ravi