1. By way of present petition under Article 226 of the Constitution of India, the petitioners have challenged the order dated 7.6.1999 passed by respondent No.2 by which the compensatory amount paid to the petitioners with effect from 1.1.1996 pursuant to the recommendation of 5th Pay Commission, were ordered to be recovered.
2. The brief facts of the case are as under.
2.1 That the petitioners No.1 and 3 at the time of filing the petition were working as Head Constables, petitioner No.2 was working as A.S.I., petitioners No.4 and 5 were working as Constables with respondent No.3 i.e. State Reserve Police Group No.7 at Nadiad. The petitioners were granted compensatory amount in lieu of their working on second and fourth Saturdays, Sundays and Public Holidays as per the Government Resolutions. It is the case of the petitioners that after the revision of the payscale as per the recommendations of the 5th Pay Commission w.e.f. 01.01.96, they have been paid the difference of salary for holidays for the period from 01.01.96 to 31.12.97 in pursuance of the order of the respondents. However, respondent no. 2 vide order dated 07.06.1999, ordered recovery of the compensatory amount paid to petitioners w.e.f. 01.01.1996.
3. Heard learned counsel for the respective parties and perused the documents on record. From the record it appears that the Resolutions of the Government granting compensatory amount for working on holidays has not been cancelled or revoked. Unless that is done, no recovery can be effected. The concerned authority has no power to recover the amount which has been paid to the employees in pursuance of the Government Resolution. Looking to the facts of the case, I am of the opinion, that the impugned order passed by the respondentauthority is required to be quashed and set aside as the same is without any authority of law.
4. The learned advocate appearing for the petitioners has relied upon a decision dated 18.03.2010 passed in Special Civil Application No.5316 of 1999 by which this Court held that the order dated 7.6.1999 cannot be executed or implemented in absence of any new resolution by which the earlier resolutions are cancelled by the Government.
5. I am in agreement with the findings recorded by this Court in the abovereferred Special Civil Application. Ms.Jirga Jhaveri, learned AGP has submitted that there is no resolution passed by the Government by which the earlier resolutions were cancelled or revoked.
6. In view of the above, the petition is allowed. The impugned order dated 07.06.1999 and consequential order passed by the respondentauthority are quashed and set aside. The respondents are directed not to recover the amount received by the petitioners and that no recovery shall be made from 07.06.1999. Rule is made absolute to the aforesaid extent. No order as to costs.
( A.J. DESAI, J. ) syed/