JUDGMENT Mr. K. Kannan, J.:- The case was admitted for hearing to be taken up along with C.W.P. No.16281 of 2005. The said writ petition has been disposed of on 16.07.2008 in terms of judgment passed in C.W.P. No.12630 of 2007 decided on 30.04.2008. The said case was disposed of by the same Court in Sohan Lal and others Vs. State of Punjab and others where the Court was considering the tenability of recovery orders made on the ground that the pay of the petitioners had been erroneously fixed at a higher scale w.e.f.01.01.1993 and consequently the pension had also been fixed erroneously at a higher scale. The law on the subject has undergone a change that if wrong scales are fixed and benefits for such a wrong assessment are given to an employee, the question to be raised is never that whether the employee had been guilty of any fraud or misrepresentation. There could be no bona fide in violation of the Rules and therefore, the authority will not be barred from setting right the mistake. Principles of equity however have come in aid of persons who have secured the benefit and who had also retired. If there had been a wrong fixation of pay and the grant of benefit obtained over a period of time and the employee had also retired, the recovery process will not be initiated to the prejudice of such retired employee. The petitioner will have the benefit of only having the recoveries of alleged excess amounts paid to the petitioner to be quashed and the benefit already obtained as having come by purely fortuitous circumstances shall not be recovered by the Government. I have taken notice of the fact that this Court while disposing of the civil writ petition No.12630 of 2007 had taken notice of the fact that challenge itself has been confined only to attempted recoveries by the State and did not challenge the criterion applied for determining the actual scales that were to be fixed. 2. The petitioner will have the same benefit and only the recoveries sought against the petitioner will be saved. 2. The petitioner will have the same benefit and only the recoveries sought against the petitioner will be saved. However, the change in the scale effected by application of correct Rules will not be liable for challenge and the pension or any other terminal benefits which have to be calculated will be reworked on the basis of correct scales applicable to the petitioner same way as it has been done for other petitioners who were similarly affected and who were come to this Court by way of challenge in C.W.P. No.12630 of 2007 referred to above. 3. The writ petition is allowed to the above extent.