Jhenguri Ram vs State of U.P.

Devendra Kumar Arora, J.—Heard learned Counsel for the parties.

By means of present writ petition, the petitioners are seeking a writ of certiorari for quashing the impugned order dated 28.08.2010 passed by the opposite party No. 4, contained in Annexure-1 to the writ petition collectively.

The submission of learned Counsel for the petitioners is that the petitioners earlier approached this Court by means of Writ Petition No. 7062 (S/S) of 2009 for seeking benefit of judgment and order passed by this Court in Writ Petition No. 36816 of 2004, Ram Chandra Verma and Anr. v. State of U.P. and Ors and the petitioners'' writ petition was disposed of vide order dated 06.11.2009 in terms of judgment and order dated 21.04.2009 passed in Writ Petition No. 36816 of 2004.

In compliance of order dated 06.11.2009, the Superintending Engineer, Tube Well Circle, Varanasi issued an order on 06.03.2010 thereby fixing the salary of the petitioners in the pay scale Rs. 5000-8000. The petitioners in pursuance of the order dated 06.03.2010 started getting salary in revised pay scale. All of sudden, by means of order dated 28.08.2010 the order dated 06.03.2010 has been recalled and direction has been issued for recovery of the excess amount paid to the petitioners from their salary.

Learned Counsel for the petitioners further submits that before passing the impugned order dated 28.08.2010 no opportunity was afforded to the petitioners and the same has been passed behind the back.

It is also submitted by learned Counsel for the petitioners that certain other persons were given the benefit of judgment and order dated 21.04.2009 passed in Writ Petition No. 36816 of 2004, Ram Chandra Verma and Anr. v. State of U.P. and Ors. Subsequently, the opposite parties preferred special appeal and when no relief was granted, the orders were issued by the Superintending Engineer making payment to the said persons subject to decision of the special appeal. One such order dated 18.09.2010 has been annexed as Annexure-9 to the writ petition. In the case of the petitioners after complying the order dated 06.11.2009 of this Court the opposite parties moved special appeal in which no relief was granted. Only counter affidavit has been called from the petitioners, but in a most discriminatory manner the order dated 06.03.2010 has been recalled with directions to make recovery of excess payment made to the petitioners.

Learned Standing Counsel prays for and is granted four weeks'' time for filing counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

List thereafter.

In the meantime, the opposite parties will not make any recovery in pursuance of the order dated 28.08.2010.