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CM-11937-CWP-2026 IN/AND CWP-8540-2024 (O&M) -1- and other connected cases 102+220 (4 cases) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 220-1 CM-11937-CWP-2026 IN/AND CWP-8540-2024 (O&M) DATE OF DECISION: 23.07.2026 EVA GARG ......PETITIONER Vs.
STATE OF PUNJAB AND OTHERS .........RESPONDENTS 220-2 CWP-2880-2024 (O&M) DR. GUNBIRPAL SINGH SIDHU ….PETITIONER VS.
STATE OF PUNJAB AND OTHERS ...RESPONDENTS 220-3 CWP-7844-2021 (O&M) DR. BALJINDER SINGH ...PETITIONER VS.
STATE OF PUNJAB AND OTHERS ...RESPONDENTS 220-4 CWP-5455-2020 (O&M) AMIT BHATIA AND OTHERS ...PETITIONERS VS.
STATE OF PUNJAB AND OTHERS ...RESPONDENTS NITIN 2026.07.27 10:42 I attest to the accuracy and integrity of this document
CM-11937-CWP-2026 IN/AND CWP-8540-2024 (O&M) -2- and other connected cases
CORAM: HON’BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Ms. Jhuma Rani Singha, Advocate, for Mr. H.P. Ishar, Advocate, for the petitioner (s) (in all petitions). Mr. Swapan Shorey, D.A.G., Punjab. Mr. S.S. Bhinder, Advocate, for respondent No. 5 (in CWP-5455-2020). ***** HARSIMRAN SINGH SETHI, J.(ORAL)
1. By this common order, a bunch of 4 writ petitions, the details of which are given in the heading of this order, are being disposed of together, as they involve the same question of law and arise out of similar
facts.
2. The present Civil Writ Petitions have been filed challenging the recovery of the excess amount allegedly paid to the petitioners. Reliance has been placed on the judgment of the Co-ordinate Bench of this Court in CWP-6391-2016 and other connected cases, titled Dr. Vishavdeep Singh and others
vs. State of Punjab and others, decided on 26.10.2018, wherein the recovery on the ground that the said payment had been made in excess was set aside qua the similarly situated employees.
3.
Learned counsel for the petitioners submits that there is no difference between the petitioners in Dr. Vishavdeep Singh's
case (supra) and the petitioners herein and, therefore, the present petitions deserve to be allowed on the same terms. NITIN 2026.07.27 10:42 I attest to the accuracy and integrity of this document
CM-11937-CWP-2026 IN/AND CWP-8540-2024 (O&M) -3- and other connected cases
4. The learned State counsel, on the other hand, submits that though there is no difference between the petitioners herein and the petitioners in Dr. Vishavdeep Singh's
case (supra), the said judgment has been impugned before the Hon'ble Supreme Court; however, no stay has been granted therein.
5. We have heard learned counsel for the parties and perused the paper-book carefully.
6. Keeping in view the totality of the circumstances, once it is the conceded position before this Court that the petitioners herein are similarly situated to the petitioners in Dr. Vishavdeep Singh's
case (supra), wherein the relief claimed had already been granted and the recovery from those petitioners has already been quashed, the recovery cannot be effected against the petitioners herein either and the present petitions are disposed off in terms of the judgment in Dr. Vishavdeep Singh's
case (supra).
7. Since the petitions are disposed of in terms of the judgment in Dr. Vishavdeep Singh’s
case (supra) which has been impugned before the Hon'ble Supreme Court, any order passed by the Hon'ble Supreme Court in the said SLP, including any modification of the aforesaid judgment or setting aside of the same, shall also be applicable to the petitioners herein even without filing an appeal.
7. The present petitions are accordingly allowed in terms of the above observations.
8. Pending miscellaneous application(s), if any, shall also stand
disposed of. NITIN 2026.07.27 10:42 I attest to the accuracy and integrity of this document
CM-11937-CWP-2026 IN/AND CWP-8540-2024 (O&M) -4- and other connected cases
9. A photocopy of this order be placed on the file of the other connected cases.
(HARSIMRAN SINGH SETHI) JUDGE JULY 23, 2026 (AMARINDER SINGH GREWAL) nitin JUDGE Whether Speaking Yes Whether Reportable No NITIN 2026.07.27 10:42 I attest to the accuracy and integrity of this document