Gokal Chand Mital, J. - (1.) THE Petitioners were posted within 16 Kms of International border with Pakistan and earlier to 1st September, 1988, were granted compensatory allowance. Vide government decision dated 30th August, 1988, copy Annexure P2, which came into force with effect from 1st September, 1988, the compensatory allowance payable to the employees serving within 16 Kms of International border was discontinued. However, to certain categories of employees, the house rent allowance was allowed and to the remaining, rural area allowance was allowed. Here, we are concerned with the discontinuation of the compensatory allowance to the employees serving within 16 Kms of International border.
(2.) THE Petitioners earlier filed C.W.P. No. 8534 of 1988 to challenge Annexure P2 by which compensatory allowance payable to them was discontinued; and they got interim order and they continue to receive the compensatory allowance till the decision of that writ petition. Ultimately, the writ petition was dismissed on 19th December, 1989. We are informed that the Petitioners' S.I,.P. filed before the Supreme Court, was also dismissed but no order has been placed before us. After the dismissal of the writ petition, the State Government started making recovery of the amount, which was paid to the Petitioners with effect from 1st September, 1988 in pursuance of the stay order granted by this Court. This Court while dismissing writ petitions had held that the Petitioners were not entitled to compensatory allowance after 30th August, 1988 and the Government could withdraw the concession earlier given to the Petitioners.
(3.) WHEN recovery was sought to be effected, the Petitioners again came to this Court in writ petitions which are being disposed of by this order. The earlier decision between the parties would operate as res -judicata and regarding those who have not come to the Court earlier, we follow the same as binding precedent. Once that is so, there is obviously no merit in the writ petitions and the Petitioners are bound to refund the amount to which they were not entitled and had received in pursuance of the stay order granted in their favour.;