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Judgment
Mr. Pramath Patnaik, J.—This application has been filed for clarification/modification of order dated 05.10.2016 passed in W.P. (S) No. 4956 of 2016 to the extent that till disposal of the representation of the petitioners, the respondents shall not give effect to impugned order of recovery dated 24.07.2016.
Learned counsel for the petitioner submitted that in pursuance to order dated 05.10.2016, the petitioners filed representation before respondent no. 5, which is still pending consideration and no decision has been taken till date. It has further been submitted that in the writ petition this Court vide order dated 05.10.2016 ordered to pay the salary, which the petitioners were getting prior to their promotion, without any recovery pursuant to impugned order but while disposing of the writ application, no specific order has been passed to this effect, which shall affect the case of the petitioners. On the strength of aforesaid submissions, learned counsel for the petitioners submitted that in absence of such specific order, the respondents shall not pay salary to the petitioners, which will put the petitioners and their family under starvation.
Learned counsel for the petitioners submitted that if clarification in the order dated 05.10.2016 is made to the effect that the impugned order dated 24.07.2016 shall not be effected till disposal of their representations, the grievances of the petitioners shall be redressed.
Learned counsel for the respondents does not raise serious dispute to such course of action.
In view of the submissions advanced by learned counsel for the parties, the order dated 05.10.2016 is modified and it is clarified that respondents shall not give effect to the impugned order of recovery dated 24.07.2016 till disposal of the representations of the petitioners, if in the meanwhile not disposed of.
With the aforesaid modification/clarification, the C.M.P stands allowed.