Nirmaljit Kaur, J. - (1.) THE prayer in the present petition is for setting aside the order dated 23.07.2014 withdrawing the pay scale of Assistant Registrar and restrain them from making any recovery.
(2.) THE petitioners were promoted on the post of Assistant Registrar on the recommendations of the Screening Committee constituted by the University vide order dated 05.01.2013 till further orders, or the regularly selected candidates join the post. Without granting any opportunity of hearing, the said order was withdrawn vide impugned order dated 08.02.2013 which was bereft of any reason. The petitioners, therefore, filed SB Civil Writ Petition No. 3718/2013 (Om Prakash Bairwa & ors. vs. Swami Keshva Nand Raj. Agrl. University & anr.) challenging the impugned order dated 08.02.2013. The co -ordinate Bench of this Court granted interim order in that writ petition on 02.05.2013 as under: "Heard on stay petition. From a bare perusal of impugned order dated 08.02.2013 (Annexure/5) it is clear that it is a non speaking order. There is no quarrel in the factual position that the petitioner was promoted as Assistant Registrar on the recommendations of Screening Committee constituted by the University vide order dated 05.01.2013 till further orders, or the regularly selected candidates joins. In view of the fact that the order impugned dated 08.02.2013 is bereft of any reason, I deem it just and appropriate to grant interim protection to the petitioners. Accordingly, operation and effect of the impugned order dated 08.2.2013 (Annexure/5) shall remain stayed qua the petitioners." In view of the above order, the respondents vide their orders dated 17.05.2013 and 30.08.2013 ordered the continuation of the petitioners on the post of Assistant Registrar and granted the benefits of the post of Assistant Registrar to be paid to the petitioners subject to the outcome of the writ petition No. 3718/2013.
(3.) THEREAFTER , the said order was confirmed by the co -ordinate Bench of this Court vide order dated 25.07.2013 in the presence of learned counsel for the parties. During the pendency of the said writ petition and the interim order having been confirmed, the respondent University went ahead and passed the impugned order 23.07.2014 withdrawing the benefits given to the petitioners of the post of Assistant Registrar and also passed an order directing recovery of the amount which was paid to the petitioners in pursuance to the order dated 17.05.2013. Accordingly, the present petition has been filed for setting aside the impugned order dated 23.07.2014. The present petition is thus an offshoot of the same.;