K.M. THAKER, J.

1. Heard Mr. K.B Pujara, learned advocate for the petitioners and Mr. Swapneshwar Gautam, learned AGP for the respondent Nos. 2 to 6.

2. This petition is filed by the Union representing primary teachers employed in different primary schools within District Surat. The names and details of the primary teachers concerned in this petition are mentioned at Annexure-A, (Colly) pages 19 to 29.

3. On behalf of the said concerned teachers union has prayed, inter alia that:—

“12 (a) To hold and declare that the petitioners-primary teachers-described in statement at Ann. “A” colly are entitled to HRA @ 15% of the pay and not @ 5% of the pay.

(b) To quash and set aside the impugned G.R dated 25.2.2000 as per Annexure C in so far as it provides that the employees serving within 8 kms outside the limits of classified city shall not be paid HRA on the basis of city but on the basis of classified place (5%) w.e.f 1.3.2000

(c) To direct the the respondents to pay HRA @ 15% w.e f. 1.3.2000 onwards and to continue to pay on the same basis to the petitioners-primary teachers described in the statements of Ann. “A” Colly.

(d) To quash and set aside the impugned orders dated 20.1.2005 and 21.2.2005 passed by the respondent No. 1 as per Annexure-D for recovering HRA already paid during the years 1996-97, 1997-98 1998-99 and 1999-2000 from the petitioners -- primary teachers described in the statements of Ann. “A” Colly”.

4. While assailing impugned decision and direction the teachers have also challenged orders dated 20.1.2005, 21.2.2005 as well as G.R dated 25.2.2000

5. The concerned teachers are aggrieved by the decision of the respondent State of altering/reducing the rates for payment of HRA and CLA for the years 1996-1997, 1997-1998, 1998-1999 and 1999-2000 and they are also aggrieved by-rather more aggrieved by the order directing recovery of the amount paid toward HRA and CLA.

6. So far as factual background is concerned it is averred and stated that:—

“2.1 By G.R dated 15.12.1975, the State Government provided for conditions for the drawal of House Rent Allowances (HRA for short). By further G.R dated 1.9.1978, the Government decided that HRA shall be payable to the Government employees within the area of Urban Agglomeration of classified city at the rate admissible in the classified city and that existing provision for the payment of HRA under para 1(iii) of G.R dated 15.12.1975 will however continue to be applicable only at the places which are within 8 kms of municipal limits of classified cities, but not included within Urban Agglomeration of any city. The list of classified cities was also enclosed with the said GR. In the said list, HRA @ 15% of pay was provided for Ahmedabad (UA), Surat city (UA), Vadodara (Baroda) (UA). Thereafter by circular dated 4.6.84 it was clarified that no separate orders are to be issued for the primary teachers in respect of HRA and that the orders issued by Finance Department from time to time are applicable to all the Government Employees.

2.2 By another circular dated 14.6.1988 certain clarifications were issued about the applicability of G.R dated 15.12.1975 and it was clarified that para 1(iii) of the said GR. would continue to apply. Thereafter a circular dated 21.31989 was issued for payment of HRA to the Talatis of the villages within the radius of 8 kms of the notified cities. Thereafter G.R dated 20.1.1998 was issued revising the rates of H.R.A

2.3 Thereafter the Finance Department issued G.R dated 25.2.2000 as per Annexure-C (impugned) whereby the provisions of paragraph 1 (iii) of the G.R dated 15.12.1975 came to be cancelled and it was stated that the employees serving within 8 kms outside limits of the classified city shall not be entitled to HRA at the rate admissible in the classified city but at the rate applicable at the classified place (5%) in view of G.R dated 20.1.1998 However, it was also specifically stated that the said orders shall come into effect from 1.3.2000 Accord