ASHOK BHUSHAN, J. - (1.) HEARD Counsel for the petitioners and Shri Vijendra Singh Yadav, Additional Chief Standing Counsel appearing for the respondents. Counter and rejoinder affidavits have been exchanged and with the consent of the parties, the writ petition is being finally disposed of.
(2.) BY this writ petition, the petitioners have prayed for a writ of certiorari quashing impugned fixation order dated 20-9-2001. A writ of mandamus has also been sought commanding the respondent to pay the salary to the petitioners as per fixation order dated 28-1-1998. It is further prayed that the direction be issued to the respondents restraining them from making any recovery pursuant to the impugned order. Brief facts necessary for deciding the writ petition are; All the petitioners were working as work charge employees in the Irrigation Department of the State. All the petitioners are working as Class-IV employee on different post. The petitioners were appointed on various date between 1-8-1977 to December 1979. All the petitioners have also been regularised in the regular establishment of the Irrigation Department from different dates in the year 1996-1997. On the basis of recommendations of Vth Pay Commission, the pay-scale of the Work Charge employees was revised with effect from 1-1-1996 vide Government Order dated 26-8-1999. The Government Order dated 26-8-1999 also provided a maximum ceiling of salary with regard to work charge employees which maximum ceiling had been fixed from time to time by various earlier Government Orders. Apart from these work charge employees on the basis of Vth Pay Commission, the pay scale of all other Government employees in the irrigation department were revised. The Government orders were issued for fixation of salary in the revised pay-scale dated 23-12-1997 and 31-12-1997 providing the manner and procedure of fixation of salary in the revised pay-scale. The petitioners salary was fixed by order dated 28-1-1998 on the basis of Government Order dated 31-12-1997 and 21-12-1997 with effect from 1-1-1996. The petitioners were being paid salary in accordance with fixation dated 20-1-1998.
(3.) THE petitioners were subsequently also regularised on Class-IV establishment with effect from different dates in the year 1996-1997. After their regularisation the petitioners are getting their salary in the revised pay-scale and there is no dispute in the present writ petition with regard to fixation and payment of salary to the petitioners after they have been regularised in Class-IV establishment. It appears that on the basis of audit objection, the petitioner's salary were refixed with effect from 1-1-1996 by an order dated 20-9-2001. By subsequent order dated 20-9-2001 the petitioners salary was re-fixed from 1-1-1996. The salary fixed by subsequent order dated 20-9-2001 is less than the salary which was earlier fixed by order dated 28th of January 1998. After the said fixation, the petitioner submitted a representation dated 11-10-2001 to the Executive Engineer objecting to re-fixation of their salary and reduction of their salary with effect from 1-1-1996. The petitioner objected to re-fixation dated 20-9-2001 and prayed that their fixation as made on 28-1-1998 be allowed to continue.;