208 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 03.02.2026 MATA DEVI (DECEASED) THROUGH LRS ....Petitioner Versus THE PUNJAB STATE POWER CORPORATION LTD AND OTHERS ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. A.K. Walia, Advocate for the petitioner.

Mr. Alok Mittal, Advocate for the respondents.

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HARPREET SINGH BRAR , J (Oral):

1. The present civil writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Certiorari for quashing the impugned office order No.1044/CE dated 11.05.2018 (Annexure P-3) passed by respondent No.2 after the retirement of late husband of the petitioner on 31.03.2018, wrongly and illegally withdrawing the 9 years First Time Bound Higher Pay Scale granted to the deceased with effect from 07.08.2007 without even issuing any show cause notice, due to forgoing of promotion offered in the year 2013, which is violative of instructions dated 23.04.1990 (Annexure P-2) issued by respondent No.1 as well as judgment of this Court in the case of Rattan Chand Vs. PSEB in CWP-2587-2009 decided on 12.08.2010 (Annexure P- 7) which has attained finality and various other subsequent identical cases. A further prayer is made for quashing the consequential re-fixation/reduction of pay and also the recovery of Rs.5,05,027/- from the retiral benefits of Late Shiv Mangal husband of the petitioner without any show cause notice. Further the petitioner seeks quashing of impugned letter dated 08.06.2018 (Annexure P-4) written by respondent No.2 to respondent No.3 and letter dated 19.06.2018 (Annexure P-5) obtained from the husband of the petitioner under pressure and declaring the said letters as null and void. The petitioner also prays for directions to the respondents to restore the benefit of the said 9 years pay scale in the original pay of the deceased and to refund the amount recovered with interest @ 12 % per annum from the date of recovery till the date of actual payment, and thereafter, to re-fix the pay and pensionary benefits of the deceased as well as family pension payable to the petitioner and to release the resultant arrears with interest @ 12 % per annum from the due date till the date of actual payment.

2. Learned counsel for the petitioner inter alia contends that after the retirement of the late husband of the petitioner, the respondent- Corporation passed the impugned order dated 11.05.2018 (Annexure P-3) and re-fixed his salary by withdrawing the benefits of the nine years First Time Bound Higher Pay Scale. Further, the recovery of the excess amount of Rs.5,05,027/- was also illegally ordered from the retiral benefits of her late husband.

3. Learned counsel for the petitioner further refers to the principle of law laid down by Hon’ble Apex Court in State of Punjab Vs. Rafiq Masih, 2015(1) SCT 195 to submit that recovery cannot be effected from retired employee without any allegation of misrepresentation. He further refers to the judgment rendered by this Court in CWP-2587-2009 titled as Rattan Chand Vs. Punjab State Electricity Board and others decided on 12.08.2010 (Annexure P-7) which was also followed in Pramod Kumar Pathak Vs. Punjab State Electricity Board, Head Office, Patiala through its Secretary and others in CWP-6621-2007 decided on

25.05.2011 (Annexure P-8) to buttress his case.

4. Per contra, learned counsel for the respondents submits that the claim of petitioner is required to be rejected in view of the undertaking given by her husband, the deceased employee of the respondent- corporation whereby he had agreed to the recovery, as indicated by Annexure P-5, wherein he has allowed for the same to be effected from his leave encashment, LTC on his personal savings, if necessary.

5. I have heard learned counsel for the parties and perused the record with their able assistance. It transpires that the deceased employee was granted First Time Bound Higher Pay Scale w.e.f. 07.08.2007, whereas he