This petition was notified for final hearing along with Special Civil Application No.8892 of 1998 and other analogous matters. On March 14, 2012 when the entire group of petitions being Special Civil Application No.8892 of 1998 and other analogous matters were taken up for final hearing, Mr Deep D Vyas, learned advocate appearing for the petitioners of the present petition made a statement that the prayers in his petition are twofold i.e. one with regard to challenge to the Resolution of 16.8.1994 and secondly the action of the authorities in effecting recovery of the amount paid towards higher pay-scale from the provident fund at the time of retirement of the petitioners. Mr Vyas, therefore, requested that no orders be passed in his petition as he will have to seek instructions from his clients as to whether they would be satisfied with the relief of refund of the amount which was deducted from their provident fund amount and whether would like to give up the prayer of challenge to the Resolution or not. He prayed for time to seek instructions from his clients and made a statement that he would revert back by the end of the day before the Court retires. 2. In the other batch of petitions, there was no challenge to the Resolution but the challenge was only to the action of the respondents in recovering the excess amount paid by way of higher pay-scale from provident fund at the time of retirement. Mr Vyas makes a statement, upon instructions, that he is giving up his challenge so far as the validity of Resolution in question is concerned and would be satisfied if the order of the nature passed by this Court in Special Civil Application No.8892 of 1998 and other analogous matters decided on March 14, 2012 is passed.
3. In this view of the matter, this petition is also allowed in terms of the judgment and order dated March 14, 2012 passed by this Court in Special Civil Application No.8892 of 1998 and other analogous matters. The respondents are directed to refund the amount deducted from the provident fund of each of the employees (petitioners) at the time of their retirement i.e. the amount received by each of the petitioners towards higher pay which was sanctioned in their favour, with simple interest at the rate of 9% per annum within a period of three months from the date of receipt of this judgment. Rule is made absolute accordingly.
(J.B. PARDIWALA, J.) zgs/-