Hon'ble Mrs. Sangeeta Chandra, J.

1. This writ petition has been filed by the petitioners, who are two in number, praying for a writ in the nature of certiorari quashing the Government order dated 14.11.2011 and the consequential order issued by the Milk Commissioner dated 30.3.2012.

2. A further prayer has been made for issuance of a suitable writ not to effect recovery in pursuance of the impugned orders and not to reduce salary/pension payable to the petitioners and to make payment of salary and pension every month without making any deduction therefrom.

3. Initially, the writ petition was filed only with the aforesaid prayers. Later on, by means of an Amendment Application which was allowed on 7.4.2014 the petitioners have also prayed for a writ in the nature of certiorari quashing the Government Order dated 20.8.2004 (Clause 6 thereof).

4. The petitioners have claimed the aforesaid reliefs on the ground that initially the petitioners were appointed as Milk Supervisor in 1975 and 1973 respectively. Later on, they were granted promotion as Milk Inspector and further promotion as Senior Milk Inspector. Petitioner no. 2 has retired from service on 30.6.2011, whereas the petitioner no. 1 was still working as Senior Milk Inspector at the time of filing of the said writ petition and was due to retire in July 2013.

5. It is the case of the petitioners that they were given certain benefits under Government Order dated 3.6.1989, which was admissible to all employees, who were working in pay scale less than Rs. 3500/- as on 1.1.1986. Later on, the said Government Order dated 3.6.1989 was further modified by Government Orders dated 8.3.1995 and 5.2.1997. The petitioners on the basis of said Government Orders were entitled to selection grade on completion of ten years of service and next promotional pay scale on the complication of six years of satisfactory service thereafter. The petitioners were also entitled to one additional increment after completion of five years of satisfactory service, after completion of fourteen years as aforesaid and the second promotion pay scale on completion of a further five years of satisfactory service i.e. twenty four years of service in terms of Government Order dated 2.12.2000.

6. It is the case of the petitioners that by orders dated 28.5.2010 and 14.6.2010, the petitioners were sanctioned the promotional pay scale of Rs. 8000/ - 13500/- w.e.f. 1.6.2006 and 20.8.2004 respectively, by Additional Milk Commissioner. The said pay scale was revised to Rs. 15600 - 39100/- by orders dated 25.8.2010 and 17.6.2010. Till the date of retirement of the petitioner no. 2 in the year 2011, the said benefit of promotional pay scale continued to be given.

7. It is the case of the petitioners that on 14.11.2011, an order was issued from the Dairy Development Department alleging that in pursuance of the Government Order dated 2.12.2000 and its clarification dated 20.8.2004, the Senior Milk Inspector can be given only next higher pay scale i.e. Rs. 5500 - 9000/- and not the next promotional pay scale on completion of fourteen years of satisfactory service as Senior Milk Inspector and the petitioners and two others have been wrongly given Rs. 8000 - 13500/- which is the promotional pay scale. It was directed that rectification be made immediately and recovery be ensured of excess payment make to such employees.

8. In compliance of the orders passed by the Government, the Milk Commissioner issued the order dated 30.3.2012 cancelling the earlier orders of May-June 2010 and instead of first promotional pay scale of Rs. 8000 - 13500/- only next higher pay scale i.e. Rs. 5500 - 9000/- was made admissible to the petitioners and two others w.e.f. the year 1996. The Regional Dairy Development Officer, Gorakhpur, Meerut and Agra were directed to rectify the pay fixation orders and ensure recovery of excess payment made to such employees.

9. It has been alleged in the writ petition as amended that 57 Milk Inspectors in