IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 16.04.2026 Jaswinder Singh and others ….Petitioners versus State of Punjab and others ….Respondents CWP-18099 of 2020 Harjit Singh ….Petitioner versus State of Punjab and others ….Respondents CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Shubham Chandel, Advocate, and Mr. Damanpreet Singh, Advocate, for the petitioners.

Mr. Satnampreet Singh Chauhan, DAG, Punjab.

NAMIT KUMAR , J.

1. By way of this order, afore-mentioned two writ petitions are being disposed of as common questions of law and facts are involved therein. For the sake of brevity, facts are being taken from CWP-18081 of 2020.

2. Instant petition has been filed under Articles 226/227 of the Constitution of India, seeking a writ of certiorari for quashing the order dated 28.03.2020 (Annexure P-10), whereby excess amount paid to the petitioners has been ordered to be recovered in 20 equal monthly instalments.

3. Briefly stated, the facts of the case are that petitioners No.1 to 4 were initially appointed as Clerks on 18.08.2004, 23.08.2004, 30.11.2005 and 04.04.2005, respectively in the office of respondent No.3. Thereafter, they were given the benefit of ACP on completion of four years of service as Clerks vide order dated 04.12.2008 w.e.f. 18.08.2008 (petitioner No.1), vide order dated 04.12.2008 w.e.f. 23.08.2008 (petitioner No.2), vide order dated 04.05.2012 w.e.f. 30.11.2009 (petitioner No.3) and vide order dated 18.05.2009 w.e.f. 04.04.2009 (petitioner No.4). Thereafter, they were placed in the higher pay scale of Rs.5910-20200 + 2800 grade pay of Junior Assistant vide order dated 19.01.2011 (Annexure P-3). Thereafter, the grade pay of Junior Assistant was enhanced from Rs.3200/- to Rs.3600/- vide notification dated 15.12.2011 issued by the Finance Department of Punjab Government and petitioners were granted the benefit of one annual increment i.e. petitioners No.1 to 3 w.e.f. 19.01.2015 and petitioner No.4 w.e.f. 07.02.2015. Thereafter, the petitioners were issued show-cause notice dated 22.01.2019 (Annexure P-5) for withdrawal of benefit of four years ACP. The petitioners submitted their reply on 11.03.2019 (Annexure P-6) to the said show-cause notice. However, vide order dated 11.04.2019 (Annexure P-7), the benefit of four years ACP granted to the petitioners earlier was ordered to be withdrawn and vide order dated 16.05.2019 (Annexure P-8 Colly), their pay was refixed and thereafter vide order dated 28.03.2020, recovery was ordered against the petitioners on account of excess payment made to them to the tune of Rs.65,556/- each in case of petitioners No.1 to 3 and Rs.64,848/- in case of petitioner No.4. The said order of recovery has been challenged by the petitioners in the present writ petition.

4. Reply by way of affidavit of Sarabjit Singh, Chief Auditor, Co-operative Societies, Punjab, Chandigarh, on behalf of respondents No.1 to 3 has been filed wherein it has been stated as under: -

“3. That brief facts of case are that the petitioners joined the office of Chief Auditor Cooperative Societies as clerk on different dates. Thereafter, the petitioners were given placement from clerk to Junior Assistants vide order dated 19-1-2011. It is pertinent to mention here that, at the time of giving them placement as Junior Assistants, they were given benefit of more than 1 increments.

It is further pertinent to mention here that Junior Assistant and clerk are same cadre. According to the clarification issued by the Punjab Government vide letter no: 7/25/03-5PP1/3586 dated 5-10-2006 and instructions issued by the Personal Department vide letter no: 7/14/88-5PP1/2269/18527 dated 1-12- 1988, the benefit of 4 year under ACP scheme was given to petitioners in the year 2015, whereas petitioners were liable for 9 years ACP benefit under ACP scheme after their placement as Junior Assistant.

Thereafter when the error committed came to the notice, the petitioners were subsequently issued show cause notic