SHOBNATH CHAND Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) Common question of law and fact is involved in these writ petitions, therefore, they are heard analogously and are being decided by this common order.

(2.) The matters are listed for admission, but with the consent of parties, the writ petitions are heard finally.

(3.) The petitioners are working as Peons (Class-IV) in different schools and hostels under the Department of Aadim Jati and Anusuchit Jati Vikas in District Jashpur. They were regularized by the Department by order dated 4-10-2008 and were held entitled for regular pay-scale on completion of ten years service and accordingly, benefits were granted to them and they were given higher pay-scale. Thereafter, by order dated 16-9-2014, the said benefit has been withdrawn and the order of recovery has been made against the petitioners against which these petitions have been filed claiming inter alia that no fraud or misrepresentation has been played by the petitioners herein and if wrong fixation of pay has been made by the State Government, it cannot be recovered from the petitioners, as they are Class-IV employees and their case is covered by the law laid down by the Supreme Court in the matter of State of Punjab and others v. Rafiq Masih (White Washer) and others, 2015 AIR(SC) 696.