- (1.) The members of the petitioner-Union seek the quashing of the order dated 19.05.2010 (Annexure P-3) whereby, recovery of excess pay was ordered to be effected w.e.f. 11.09.2002. The same had been granted to various employees (retirees as well as in service) working on the Ranjit Sagar Dam and Shahpur Kandi Dam projects in the scale of Rs. 1200-2100 as per para no. 26.4 and 26.9 of Chapter 26 of 3 rd Pay Commission. The relief claimed is on the basis of the judgment of the Full Bench of this Court in Budh Ram and others vs. State of Haryana, 2009 3 SCT 333 and in consonance with the order dated 14.09.2011 (Annexure P-6) passed in CWP No. 17856 of 2000, State of Punjab and others vs. Ranjit Sagar Dam Mazdoor Union and others.
(2.) The issue involved in the present case is whether the respondent-authorities are entitled to recover the above said amount as a consequential result of the litigation which has been finalized inter se the parties by the Division Bench on 27.03.2009 and which was upheld on 04.09.2009 by the Apex Court and whether the petitioners are similarly situated to another set of employees who were granted the protection on 14.09.2011.
(3.) For deciding the issue in question, facts will necessarily have to be gone into in detail.;