- (1.) Two identical writ petitions bearing CWP No. 11056 of 2011 and CWP No. 11226 of 2011, involving similar issues for consideration, are proposed to be decided vide this common order. However, for the facility of reference, facts are being culled out from CWP No. 11056 of 2011.
(2.) Feeling aggrieved against the impugned order dated 21.5.2011 (Annexure P-4) and resultant action of the respondent authorities to recover the excess amount, petitioners have approached this Court by way of these two writ petitions under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari, for quashing the impugned order. Undisputed facts between the parties are that earlier the petitioners filed CWP No. 1870 of 2011 which came to be disposed of, vide order dated 1.02.2011 (Annexure P-1). In compliance of the abovesaid order dated 1.2.2011, petitioners were paid excess amount, however, after taking undertaking from the petitioners that if the abovesaid order dated 1.2.2011 passed by this Court is set aside by the LPA Bench, the amount so paid to them would be recovered from them. LPA No. 287 of 2011 (State of Punjab Vs. Sarabjit Singh and others) was allowed by the LPA Bench, vide order dated 25.4.2011.
(3.) It is pertinent to note that CWP No.12750 of 2009 (Sarabjit Singh and others Vs. State of Punjab and another) was the basic judgment rendered by the learned Single Judge. Later on, similar orders were passed including dated 1.02.2011 passed in favour of the present petitioners, were based on the order passed in CWP No. 12750 of 2009. The basic judgment of the learned Single Bench passed in CWP No. 12750 of 2009 was set aside by the LPA Bench, while allowing LPA No. 287 of 2011, vide order dated 25.4.2011. As a consequence of the abovesaid order dated 25.4.2011 passed by the LPA Bench, the impugned communication Annexure P-4 came to be issued and as a result thereof, recovery of excess amount was sought to be made from the petitioners.;