Mohammad Rafiq, J. - (1.) Heard learned counsel for the parties.
(2.) This writ petition has been filed by the petitioner challenging the order passed by the respondents dated 2.12.1993 by which the respondents have cancelled the earlier order dated 4.3.1992 whereby they granted him yearly increments during the period of suspension from 11.5.1983 to 4.8.1987 has been rejected and have further directed for consequential recovery. The subsequent consequential orders for recovery dated 9.6.1994 and 18.6.94 are also under challenge.
(3.) Learned counsel for the petitioner has argued that the petitioner was suspended in contemplation of an enquiry on 11.5.1983 and he remained under suspension till 4.8.1987. When the petitioner was not granted annual grade increments during the period of suspension, he preferred a writ petition being SBCWP No. 3187/1992 (T.C.Jain v. State of Raj. And ors.) before this court which was lateron allowed vide order dated 20.7.1992. The writ petition was allowed relying on the Division Bench judgment of this court in Kan Singh Bhati v. State of Rajasthan reported in 1989(1) RLR 111. Thus the writ petition was allowed in terms of the law laid down in the judgment passed by Division Bench of this court and accordingly, the petitioner was granted benefit of annual grade increments. Subsequently, however the respondents have sought to withdraw these benefits on the basis of reversal of the judgment of Division Bench in special leave to petition filed by respondents in the case of Kan Singh whereby the Hon'ble Supreme Court has ordered that having regard to the rules governing the matter, the claim for enhancement of the subsistence allowance in the manner directed by the High Court in the aforesaid case is not sustainable. The petitioner in the present case neither challenged the judgment by filing the special appeal nor even filed the review petition before this court which attained finality. Thus the petitioner has prayed that the order of recovery first may kindly be liable to be quashed and set aside.;