- (1.) Instant writ petitions have been preferred against common judgment of the ld.Central Administrative Tribunal dt.09.07.2013 and the review applications filed at the instance of the present petitioners came to be dismissed subsequently vide order (Annx.2) dt.06.11.2013.
(2.) The facts have been taken note of from the Original Application No.670/2012 [Trilok Kumar Vs. UOI & Ors.] and it is not disputed that the present employees are members of Group-C & Group-D & were appointed as Mazdoor/Chowkidar & subsequently they were promoted on the post of Mate and thereafter they were further promoted as Fitter General Mechanic (Skilled) [FGM (SK)] in the pay-scale of Rs.3050-4590 and vide later order dt.20.05.2003, they were promoted from FGM (SK) to FGM (HS) in the higher pay-scale of Rs.4000-6000. It was later on revealed to the competent authority that error has been committed in according promotion and decided to revert the employees as FGM (SK) from FGM (HS) due to restructuring, ratio revision and relaxation of conditions of TT, etc. as one time measure. Obviously, on reversion, action was initiated for recovery of salary paid of the promotional post to each of the individual employee, as such, Original Applications came to be preferred before the ld.Tribunal.
(3.) The ld.Tribunal examined the matter on merit and finally arrived to the conclusion that the case of Chandi Prasad Uniyal & Ors. Vs. State of Uttarakhand & Ors., 2012 8 SCC 417 is not applicable to the facts of the instant case and the present respondent-employees were legally entitled to the benefit which was extended vide circular dt.20.05.2003 but that was set aside by the court of law. However, this fact was recorded that there was no misrepresentation on the part of either of the employee and the ld.Tribunal accordingly partly allowed the original applications restraining the authorities from effecting recovery from the respondent-employees pursuant to the impugned order which is the subject matter of challenge in the instant writ petitions.;