(Per P. Swaroop Reddy, J.)

In all these writ petitions, as common questions of facts and law, arise for consideration, they are heard together and are being disposed of by this common order. For the sake of convenience, the parties herein would be referred to, as they are arrayed before the learned Tribunal.

2. W.P. No. 18478 of 2004 is filed against the judgment in O.A. No. 1329 of 2002, which was disposed of by a common order dated 29.4.2004 along with O.A. Nos. 502 of 2004; 1 048 of 2002 and 328, 1515 and 263 of 2003; 424 of 2004 and 263 of 2003. W.P.No.24605 of 2004 is filed against the order in O.A.No.502 of 2004 and W.P. No. 24602 of 2004 is filed against the order in OANo.1515 of 2003; W.P. No. 48 of 2005 is filed against the order in O.A.No.1048 of 2002.

3. Similarly, the W.P. No. 22666 of 2005 is filed against the order in O.A.No.781 of 2002, which was disposed of by a common order along O.As.No.778 and 782 of 2002 on 22.7.2005. It is here again clarified that W.P. No. 22666 of 2005 is filed only against the order in O.A. No. 781 of 2002 and no other Writ petitions are filed challenging the order in other OAS.

4. The main issue involved in all these cases is: in pursuance of the recommendations made by Justice Talwar Committee on Extra Departmental Agents (EDAs), the Director General of Posts issued Official Memorandum dated 17-12-1998; clarificatory circular dated 23.7.1999 and Official Memorandum dated 10.8.1999, in pursuance of which the authorities fixed the pay scales of EDAs appointed prior to 151 November 1987, as per the workload on foot-beat basis with effect from 1.3.1998 and arrears were paid to them accordingly in all the divisions of A.P. Circle. Later, the Director General of Posts issued leter NO.6/11-9-2002 following the decision dated 22.7.2002 made in O.A.No.1011/ of 2002 of Madras Bench of the Central Administrative Tribunal directing to regulate the remuneration/time related to Continuity allowance (TRCA) of EDAs on the basis of the actual work load as per the cycle-beat to maintain uniformity, except to those in hilly areas, where beats are not cyclable. Thus, in view of the decision of Madras Bench of the Central Administrative Tribunal dated: 22.7.2002 some confusion arose with regard to the payment of allowances, TRCAS payable to EDAS on the basis of cycle-beat etc and certain instructions were issued in this regard. However, the Director General of Posts, vide letter dated 22.3.1996 and 13.3.1997 reiterated that the allowances of EDAs should not be reduced under any circumstances. Accordingly, the Post Masters General of Visakhapatnam and Vijayawada range issued specific instructions stating that TRCA of EDAs, who entered into service earlier to 31.10.1987 should be protected and computed on the basis of their workload computed on foot-beat basis, vide their letters dated 18.9.2000 and 5/8-10.1999. These instructions were issued based on the clarifications received from the Director General of Posts.

5. It is submitted by the applicants that EDAs were given pay scales after repeated struggles and strikes, in consultation with the Unions and Federations representing the interest of EDAs, as seen in Director General of Posts, letter NO.17/190/2000-ED & Training dated 3.8.2000. The earlier clarification issued by the Director General of Posts shall prevail and the same cannot be reduced by taking advantage of the decision of the Madras Bench of the Central Administrative Tribunal in O.A. No. 1011 of 2001. The assurance given by the Director General of Posts, that the work-load on EDAs who entered the service prior to 31.10.1987 and computed on foot-beat and the package deal entered into by the department with the Unions should be honoured and the department shall be precluded from reopening the issue and reducing the TRCA already fixed on the basis of foot-beat and resorting to recovery of alleged over payments. It is also the case of the applicants that it is well settled, that excess payments