UNION OF INDIA Vs. PREM SINGH

JUDGEMENT

(1.) The Union of India has preferred this appeal against judgment and order dated 17.11.2000 rendered by the learned Single Judge of this Court while allowing writ petition No.183 of 2000. The Writ Court has accepted the prayer made by the writ petitioner-respondents for quashing orders dated 02.04.1998, 06.10.1999 and 13.01.2000 seeking to effect recovery from the writ petitioner-respondents in respect of Night Duty Allowance paid to them.

(2.) Brief facts of the case are that the writ petitionerrespondents filed OA No.775/JK/1995 before the Central Administrative Tribunal, Chandigarh Bench (Circuit Bench at Jammu) (for brevity "the Tribunal'). The prayer made by them was to release the "night duty allowance' from May 1992 onwards along with overtime allowance. The aforesaid prayer made by the writ petitioner-respondents was allowed as is patent from perusal of paras 6 and 7 of the order passed by the Tribunal, which are set out below in extenso:-

(3.) Despite the aforesaid order, the appellant issued recovery notice on 02.04.1998 followed by subsequent letters dated 06.10.1999 and 03.01.2000. The aforesaid recovery notices and withdrawal of "night duty allowance' were challenged by the writ petitioner-respondents in writ petition No.183 of 2000 on the ground that once the judgment rendered by the Tribunal has attained finality then the subsequent view taken by Hon'ble the Supreme Court in any other case would not deprive them of the benefit given by the judgment of the Tribunal. The view of the learned Writ Court is discernible from the following paras of the judgment:-