MAGANBHAI DHULABHAI ASARI Vs. STATE OF GUJARAT

JUDGEMENT

(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 pay-scale 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.) I am in agreement with the findings recorded by this Court in the above-referred 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.