THE HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.16610 of 2000 Date: 27-08-2011 Between K. Saraiah & others … Petitioners and Food Corporation of India, rep. by its Chairman & Managing Director & 5 others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 16610 of 2000 ORDER Petitioners assail the action of the Food Corporation of India in withdrawing the benefit of Composite D.A. extended to them and seeking to recover the amounts already paid in this regard with effect from 1994. They seek a further direction to set aside the clarification dated 31.3.2000 issued by the Joint Manager of the Corporation on the ground that the same is without jurisdiction. They also seek a consequential direction to the respondents to continue to pay Composite D.A. as per the earlier Circulars issued in the year 1994 and 1997 without effecting recoveries from their salaries. This Court, by order dated 12.9.2000, granted interim stay of recovery in respect of the money alleged to have been paid in excess. The said order was made absolute on 12.9.2001. It is now represented by the counsel that the issue raised herein is squarely covered by the adjudication of this Court in W.P.No. 15826 of 2000. A copy of the order dated 2.12.2010 passed in the said Writ Petition is placed on record. The prayer in the said Writ Petition reflects that it was identical in terms to the prayer in the present Writ Petition. This Court, having found that the recoveries sought to be made were without notice and opportunity to those affected, held that the same impacted the petitioners-employees with civil consequences and such action could not be taken without notice and opportunity to them. The Writ Petition was therefore allowed and the respondents were directed not to recover any amounts paid towards Composite D.A. from the petitioners therein without issuing a notice calling for their explanations and thereafter passing an order. As the petitioners herein stand on an identical footing to the petitioners in W.P.No. 15826 of 2000 and their grievance, on principle, stands settled by the earlier adjudication of this Court in the said Writ Petition, this Writ Petition is disposed of, for reasons alike, holding that the action of the Food Corporation of India in recovering the amounts paid towards Composite D.A. without due notice and opportunity to the petitioners is violative of the principles of natural justice and is consequently illegal. It shall however be open to the Food Corporation of India to issue notices proposing recoveries, if any, subject to just exceptions, call for an explanation/response from the affected employees/petitioners and pass appropriate orders thereon in accordance with law. No order as to costs. ______________________ SANJAY KUMAR, J Date:27.08.2011. CHV