- (1.) SINCE both the petitions have been filed by the petitioners on similar facts being aggrieved by a common order Dt. 16.11.2009, both are decided by the present order.
(2.) AT the outset, it may be noticed that the order impugned Dt. 16.11.2009 contain the names of nine members of Class -IV, however, seven have approached this court by these two writ petitions and the remaining two members namely Budh Prasad Gurjar and Daya Ram Gurjar, as informed to this court, have not preferred writ petition but it is not disputed that they too are similarly situated.
(3.) THE petitioners are appointed in the cadre of Class -IV u/R. 16 of the Rajasthan High Court Staff Service Rules, 2002. However, such of the members of Class -IV who were appointed on ad -hoc basis prior to 01.01.2006 their services were regularized from the date of joining i.e. 24.01.2009 and consequent thereto the services of the petitioners were also regularized in the cadre of Class -IV from the date of their joining. In fact vide order Dt. 24.01.2009 two class of persons were regularized (1) those who were appointed prior to 01.01.2006 in the pay -scale; and (2) those who were appointed on or after 01.01.2006 on the fixed remuneration. However, by an office order Dt. 16.11.2009, the Administration of the High Court arrived to a conclusion that there was some excess payment made to the members of Class -IV and pursuant thereto, initiated recovery proceedings to be recovered in 12 equal installments from each of the member of Class -IV. However, this court while issuance of notices stayed the operation and effect of the order impugned in CWP No. 15422/2009 vide order Dt. 20.01.2010 and in CWP No. 1007/2010 vide order Dt. 15.02.2010. It can be noticed that in all there are nine members of Class -IV, however, seven have approached this court and the remaining two, because of their economic conditions, have not come to the shelter of this court but they too are similarly situated. It is not the case of the respondents that there is any misrepresentation or concealment on the part of either of the member of Class -IV in getting the excess payment, allegedly made to each of them.;