1 S.B.CIVIL WRIT PETITION NO.2024/1997 Hukam Singh Vs. R.S.R.T.C. & Anr. Date of Order :: 16.04.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr Vijay Mehta, for the petitioner/s. Mr M.S. Godara for Mr. V.K. Mathur, for the respondents. ... The petitioner claimed for grant of regular pay scale applicable for the post of Conductor with Rajasthan State Road Transport Corporation by way of filing a petition for writ (SBCivil Writ Petition No.108/1993). By an order dated 8.1.1993 as an interim measure, this Court directed the respondent-Corporation to make payment of wages to the workman at the minimum of regular pay scale applicable for the post of Conductor, however, the main petition came to be dismissed on 28.3.1997. After dismissal of the writ petition the Chief Manager, Rajasthan State Road Transport Corporation, Abu Road Depot vide order dated 16.5.1997 initiated recovery for the amount said to be paid in excess than entitlement to the petitioner in pursuant to the interim order dated 8.1.1993. A challenge is given to the order aforesaid dated 16.5.1997 by this petition for writ. At the threshold it is also pointed out by learned counsel for the parties that the petitioner has already been stood regularised in service 2 as Conductor with respondent-Corporation w.e.f. 1.11.1994, and as such, whatever amount received by the petitioner in excess to his entitlement that was only for the period from 8.1.1993 to 1.11.1994. As per counsel for the petitioner because of an interim order passed by this Court on 8.1.1994, the petitioner received some money in excess, but that was not due to any misrepresentation on his part, therefore, no recovery could have been ordered. I do not find any force in the argument advances as whatever amount paid to the petitioner as an interim measure that was subject to final decision of the writ petition, and therefore, on dismissal of that recovery is required to be made for said amount. However, no recovery can be made from the petitioner by the respondents for the period after 1.11.1994 the date on which the workman was taken on regular cadre of the respondents as Conductor. Accordingly, this petition for writ is disposed of with a direction to the respondents to make recovery confined to the amount said to be paid in excess only for the period commencing from 8.1.1993 to 31.10.1994. No recoveries for the amount subsequent thereto shall be made. (GOVIND MATHUR), J. Jgoyal '