IMPORTANT POINT
Service Law--Financial benefits disbursed to an employee without there being any mistake or misrepresentation on his part cannot be recovered.

Mr. Hemant Gupta, J. (Oral) - The petitioners earlier filed Civil Writ Petition No.12107 of 1995 claiming that the action of the State in preparing separate seniority list of male and female JBT Teachers is not permissible under the Punjab Educational Service Class-III (School Cadre) Rules, 1955 (for short ‘1955 Rules’). The said writ petition was disposed of by a Division Bench of this Court on 22.8.1995, when the following order was passed:-

“The petition is disposed of with the directions to the Director of Secondary Education Haryana Chandigarh to treat the legal notice of the petitioners, Annexure P/4 as a representation and dispose of the same by speaking and well reasoned order. The order be passed at a very early date and preferably within a period of three months from the date of production of a copy of this order which be given dasti on payment of copying charges.

If the petitioners want to give any other representation the same be given along with a copy of the order of this Court.

Aug 22, 1995 Sd/- N.C. Jain

Judge

Sd/- H.S. Brar Judge”

2. The respondents prepared a provisional seniority list on 1.10.1995, copy of which has been appended as Annexure P.2 with the writ petition, but the respondents failed to grant selection grade in terms of the joint seniority list. The petitioners challenged the action of the respondents by way of Civil Writ Petition No. 9253 of 1997 in not granting selection grade to them but granted to the junior to the petitioners i.e. Smt. Mohan Devi and Smt. Nirmla Devi.

3. It may be stated that the petitioners are the male JBT Teachers, whereas the selection grade was granted to the aforesaid Smt. Mohan Devi and Smt. Nirmla Devi on the assumptions that they are in separate cadre of female JBT Teachers. This Court allowed the writ petition on 6.8.1998 when the following order was passed:-

“What the petitioners are claiming in this writ petition is that there should be a joint seniority list of the male and female J.B.T. Teachers and on the basis of that seniority list, as much percentage of incumbents as was fixed from time to time should be granted the selection grade as per their seniority. In other words, if there are 100 male female JBT Teachers, then a joint seniority list of theirs be prepared and if 20% are the posts meant for selection grade, then out of this joint seniority list, first 40 incumbents should be placed in the selection grade.

There is requirement of joint seniority of male and female JBT Teachers was held to be so in CWP No. 12107 of 1995 (Jiwan Dass and others v. State of Haryana) decided on August 14, 1995. The respondents are required to maintain a seniority list (even though notional now) showing the position of all the petitioners and similarly situated persons in the joint seniority list as and when they were appointed. As and when their turn came as per their seniority in accordance with the percentage fixed from time to time regarding the selection grade posts, they will be entitled to be placed in the selection grade.

Let the respondents carry out the aforesaid directions within a period of six months and after fixation of pay accordingly the arrears be calculated and paid to the petitioners. However, the arrears would be paid only for a period of three years and two months prior to the filing of the present writ petition, which was fixed on March 17, 1997.

Writ petition stands disposed of in the above terms.”

4. The petitioners filed a contempt petition alleging that the order passed by this Court is not given effect to. Subsequently, the State filed the present Civil Misc. Application to seek clarification of the order passed by this Court on 6.8.1998, pointing out that the grant of selection grade has been abolished after 1.1.1986 and that the seniority list, the basis of the claim of the petitioners for grant of selection grade, has been made effective with effect from 1.1.1995. Therefore, the benefit of selection grade can not be granted to the peti