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Judgment
K.T. Sankaran, J.—Petitioners are the respondents in O.A. No. 362 of 2011 pending before the Central Administrative Tribunal, Ernakulam Bench. The Tribunal passed the following ad interim order dated 20.4.2011, which is under challenge in this Original Petition.
The applicants are aggrieved by the recovery of the HRA already paid to them.
Mr. Pradeep Krishna, counsel for the respondents submitted that the respondents were not entitled to get any HRA but they were paid inadvertently for sometimes. However, he has requested for some time to take instructions in the matter. Let the reply statement be filed within two weeks and rejoinder, if any, be filed within two weeks thereafter. In the meanwhile, no recovery shall be made on account of the HRA alleged to have been paid inadvertently to the applicants. However, further payment of HRA to the applicant shall be subject to their furnishing of an undertaking that the amount so paid to them shall be refunded, if they are not found entitled.
Copy of the order be given to the counsel for the parties. List on 30.5.2011.
There are 44 respondents in the Original Petition. The order passed by the Central Administrative Tribunal is ad interim order. The case is posted to 30.5.2011. The order impugned could very well be modified or vacated by the Central Administrative Tribunal, after hearing the petitioners.
At this stage, the petitioners are not justified in rushing to the High Court with this Original Petition. The Original Petition is accordingly dismissed, reserving the right of the petitioners to submit before the Central Administrative Tribunal for modification of the order dated 20th April, 2011 and for early disposal of the application.