- (1.) The only grievance of the petitioner is that respondent has wilfully disobeyed the orders dated 8.8.1988 by issuing instructions dated 21.8.1989 for refixing the pay of the petitioners, withdrawing the benefit of increments from the date of the Civil Writ Petition.
(2.) Direction of the Hon'ble Court runs as under : "Permitting to recover the money all this distance of time from those teachers will create great hardship, and on equitable grounds, therefore, though we are unable to agree with the learned counsel on the interpretation of the rule, we direct the respondents not to seek recovery of the amounts already paid and, therefore, a writ of mandamus in respect of recovery of advance increments already paid alone will issue in respect of the letters patent appeal and the writ petitions."
(3.) The learned counsel for the respondent has refuted the contention and contends that according to the order, the respondents have been restrained from recovering the amounts already paid and not from stopping the illegal increments given and it was found by the Court that the increments were illegally granted in violation of the rules.;