SIDHESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) BY this writ application, the petitioners have prayed for quashing the order dated 19.8.1998, as contained in annexure 1. whereby and whereunder the earlier sued to the petitioners and similarly situated persons to refund the over paid amount forthwith.

(3.) LEARNED counsel appearing on behalf of the petitioners now submits that since the petitioners were eligible candidates for promotion to the post of junior selection grade, their case was considered and necessary direction was issued, and. therefore, the authorities could not have modified the earlier order of promotion and, at the same time, the authority could not have directed for recovery of excess amount paid to the petitioners. Learned counsel alternatively submits that the petitioners are now aggrieved by last part of the order, as contained in annexure 1, whereby and whereunder they have been directed to pay the excess amount paid to them on account of promotion to junior selection grade scale.