JUDGEMENT :

Tashi Rabstan, J.

1. Present writ petition has been filed by the petitioners under Article 226 read with Article 227 of the Constitution of India against the order dated 28.04.2021 passed by the Central Administrative Tribunal, Jammu Bench, Jammu in T.A. No. 1580/2020 clubbed with O.A. No. 668/2021 whereby the Tribunal has inter alia directed that the petitioners herein shall not recover the amount already paid, in the form of higher scales of pay, and in case, any component was recovered, the same shall be refunded without interest within a period of three months from the date of receipt of a copy of this order.

2. Relief prayed for in this writ petition is as:

"Issue an appropriate writ quashing the impugned order dated 28.04.2021 passed by the Hon'ble Central Administrative Tribunal, Jammu Bench, Jammu in Transfer Application No. 1580/2020 (SWP No. 15/2019) clubbed with OA No. 668/2021 titled Muzammal Shah & Ors. v. State of J&K & Ors. to the extent whereby it has been directed to return the recovered amount to the respondents herein."

3. The facts of the case in nutshell are:

That the respondents herein were initially engaged in the department on daily rated basis and thereafter came to be regularized on permanent basis. In the year 1993, a Circular came to be issued vide No. PHEJ/20094-20013, dated 08.03.1993 which provided for grant of one Higher Pay Grade to those officials who are working in lower grades of the posts shall be placed in the higher grades subject to various conditions. On 11.06.1993, another Circular No. PHEJ/3417-37, dated 11.06.1993 whereby it has been provided that all those employees who have notionally completed at least three years in the lower grade and have physically worked against the post for at least one year shall be eligible for promotion to the next higher grade.

It is averred in the petition that in compliance of Government Order No. 277-F, dated 06.06.2018, the Chief Engineer PHE Department Jammu had issued a Circular bearing No. PHEJ/GE/12082-114, dated 10.11.2018 directing therein not to extend the benefits to those employees who were borne on regular establishment after 1993 and had further directed that the benefits so extended are hereby withdrawn with immediate effect and extra salary paid shall be recovered under rules from the salary of the employees.

Aggrieved of the Government order dated 06.06.2018 (supra) and the subsequent circular, respondents filed writ petition SWP No. 15/2019 which was transferred by this Court to Central Administration Tribunal and renumbered as TA No. 1580/2020. Petitioners are aggrieved of the order passed in the aforesaid TA which constrained them to file the present writ petition.

4. The impugned order is challenged by the petitioners, inter alia, on the following grounds:

"a. Because all the respondents herein got regularized w.e.f. 01.04.1994, as such, were not entitled to the benefit under Circular No. PHEJ/20094-20113, dated 18.03.1993 read with modification issued vide No. PHEJ/3417-37, dated 11.06.1993 on the ground that the said benefit was extendable to those employees only who had been engaged prior to issuance of Circular No. PHEJ/20094-20113, dated 18.03.1993 read with modification issued vide No. PHEJ/3417-37, dated 11.06.1993.

b. Because the Chief Engineer PHE Department Jammu had issued a Circular vide No. PHEJ/GE/12082-114, dated 10.11.2018 for not giving the benefits to those employees who were borne on regular establishment after 1993 in furtherance of Government Order No. 277-F of 2018, dated 06.06.2018, whereby directed that the benefits so extended are hereby withdrawn with immediate effect and extra salary paid shall be recovered under rules from the salary of the employee