CHARANJIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present writ petition, the challenge is to order dtd. 25/7/2015 (Annexure P/6) passed by the respondents, by which, the petitioners were directed to deposit the amount, which was paid to them in terms of the order passed by this Court in writ petitions filed by the petitioners.

(2.) As per the facts mentioned in the present writ petition, the petitioners were working in Education Department, Haryana as Master, Drawing Teacher and Clerks. The adhoc relief, which was granted to the employees in the year 1989 was subsequently withdrawn by the respondentdepartment and excess amount paid was sought to be recovered, the said act of the respondents was challenged by the petitioners by way of filing the writ petitions by placing reliance upon the judgment given by this Court in CWP-5563-A of 1989 titled as Nitya Nand vs. State of Haryana. The said plea of the petitioners was allowed and relief was granted to them in the same terms as extended in the case of Nitya Nand's case (supra). Against the said judgment, SLP was preferred by the State, which came to be dismissed, after which, the petitioners were granted the benefits as being claimed by them in their respective writ petitions.

(3.) After the dismissal of the SLP filed in the case of the petitioners herein, the State had challenged the order passed in Nitya Nand's case (supra) before the Hon'ble Supreme Court of India and the said SLP was allowed and on the said basis, the relief granted to the petitioners was withdrawn by the respondents by passing impugned order dtd. 25/7/2015 (Annexure P/6) on the ground that the said amount is beyond their entitlement. The said order is under challenge in the present writ petition.