IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16205 of 2001 SURYANAND JHA & ORS Versus THE STATE OF BIHAR & ORS ----------- 4. 21/07/2009 Heard learned counsel for the petitioners and learned counsel for the State. This writ application has been filed for a direction to the respondents not to reduce the pay scale and salary of the petitioners pursuant to resolution no.6022 dated 18.12.1989 and as amended by resolution no.1000 dated 20.2.1993, and for a direction to the respondents not to recover the amount of salary already paid to the petitioners prior to the issuance of the said resolution. Learned counsel for the petitioner has pointed out that the matter had come up before this Court earlier in C.W.J.C.No.2405 of 1997 and vide judgment annexed as Annexure-4, this Court upheld the validity of the said resolution. However, this Court held that the said resolution would be prospective and the same would not be applicable on the amount paid to the incumbents prior to the issuance of the said resolution. Learned counsel for the State submits - 2 - that counter affidavit has been filed in this case. He also refers to an order of this Court dated 4.7.2001 passed in C.W.J.C.No.3964 of 2001 and submits that in the said order of this Court also same law has been laid down. Therefore, he fairly submits that so far recovery from the salary of the petitioners of payments made to them prior to issuance of the said resolution dated 20.2.1993 is concerned, the same is not sustainable. After going through the said two judgments of this Court and considering the submissions of the learned counsel for the parties, this Court holds that the said ratio and the law laid down by this Court in the said two judgments shall be applicable in the case of these petitioners also. Therefore, any order passed against the petitioners for recovery of excess amount paid to them prior to issuance of the said resolution shall loose its force and shall be treated as non est in the eye of law. In case any recovery has been made from the salary of the petitioners of any excess amount paid to them prior to issuance of the said resolution, the same shall be refunded to them - 3 - by the respondents as expeditiously as possible. With the above observations and directions, this writ application is disposed of. Pradeep/ (J. N. Singh, J.)