R.R. Prasaad, J. - (1.) HEARD learned Counsel appearing for the petitioners and learned Counsel appearing for the respondents.
(2.) THIS writ application has been filed for quashing the order dated 13.5.2009 passed by the Secretary, Human Resources Department, respondent No. 2 as contained in Annexure 16 whereby arrears of salary paid to the petitioners was sought to be recovered on the basis of an order of the Supreme Court passed in S.L.P. (C) No. 10955 of 2008 whereby the Hon 'ble Supreme Court had observed that payment shall not be made till final decision is taken in the proceeding. Learned Counsel appearing for the petitioners submits that when the petitioners ' salary due to be paid from December, 2006 onwards was withheld that order along with the order under which two increments were stopped of both the petitioners were challenged before this Court, vide W.P.(S) No. 4131 of 2002 whereby this Court while affirming the order under which increments had been stopped directed the authority to pay arrears of salary to the petitioners. That order was challenged in L.P.A No. 168 of 2004 which was dismissed. Being aggrieved with that order the State moved before the Supreme Court, vide S.L.P (C) No. 10988 of 2008 wherein the Hon 'ble Supreme Court taking notice of the order passed by this Court in C.W.J.C. No. 537 pf 2001 was pleased to observe that the State is still to pass final order in the matter and till final decision is taken by the State, arrears of salary is not to be paid to the petitioners but before the order was passed, final decision had already been taken which would be evident from Annexures 9 and 10 which was subject matter of challenge in W.P. (S) No. 4131 of 2002 whereby this Court had directed the State to pay arrears of salary to the petitioners.
(3.) IT was also pointed out that when contempt petition was filed, arrears of salary were paid to the petitioners but since the order has been passed by the Hon 'ble Supreme Court in the aforesaid Special Leave to Appeal, the State authority passed another order whereby arrears of salary paid to the petitioners have been sought to be recovered and that has given cause of action to the petitioners to prefer this writ application.;