CW 7059/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** 1-Civil Writ Petition No.7059/2006 Chief Eng. Irrigation, Raj. Jaipur &Anr. Versus Santosh Nath Jog & Anr. 2-Civil Writ Petition No.7061/2006 Chief Eng. Irrigation, Raj. Jaipur &Anr. Versus Praveen K. Joshi & Anr. 3-Civil Writ Petition No.7058/2006 Chief Eng. Irrigation, Raj. Jaipur &Anr. Versus Satya Narain Khandelwal & Anr. 4-Civil Writ Petition No.7062/2006 Chief Eng. Irrigation, Raj. Jaipur &Anr. Versus T.T.Verghese & Anr. 5-Civil Writ Petition No.6938/2006 Chief Eng. Irrigation, Raj. Jaipur &Anr. Versus Tejpal Jain & Anr. 6-Civil Writ Petition No.6939/2006 Chief Eng. Irrigation, Raj. Jaipur &Anr. Versus Mahesh C.Vyas & Anr. 7-Civil Writ Petition No.6940/2006 Chief Eng. Irrigation, Raj. Jaipur &Anr. Versus Bhagwati Shanker Pandya & Anr. 8-Civil Writ Petition No.6941/2006 Chief Eng. Irrigation, Raj. Jaipur &Anr. Versus Chandi Kungu V.A. & Anr. 9-Civil Writ Petition No.7008/2006 Chief Eng. Irrigation, Raj. Jaipur &Anr. Versus V. George & Anr. Date of Order ::: 07/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. JK Agrawal Addl.Govt. Advocate for State (petitioners) Mrs. Manju Joshi, for respondents At request, since these petitions involve common issue, have been heard together and are being disposed of at admission stage by this order. These petitions have been filed by State Government against common judgment dt.31/03/99 of Rajasthan Civil Services Appellate Tribunal CW 7059/06 //2// whereby Appeal Nos.49/98 & cognate matters were albeit dismissed while upholding order dt. 21/11/97 of State Government; it was further observed that whatever payment already made in excess to employees would not be recovered since there was no misrepresentation or concealment disentitling them from such excess payment. Employees were aggrieved by action of State Government on account of revising their fixation upon selection scales granted on completion of 9/18/27 years of services - as a consequence whereof, State Government initiated action of making recovery from those of employees having received excess payment. Learned Tribunal having examined the material on record finally upheld the action of petitioner (State)revising pay scale on account of fixation in selection pay scale as valid decision but also observed that whatever paid in excess would not be recovered from them as there was no misrepresentation or concealment on their part and as such State Government was not justified in making recovery. If there was no misrepresentation or concealment on the part of employees, certainly petitioner (State) cannot be said to be justified in making recovery of payment if at all, made in excess. Having gone CW 7059/06 //3// through judgment impugned, this Court does not find any manifest error which may call for interference therein. That apart, instant petitions have been filed belatedly after almost seven years and no justification has come forward on record to explain such inordinate delay in filing these petitions. Consequently, these petitions fail and are hereby dismissed. No costs. (Ajay Rastogi), J. K.Khatri/p.3/7059CW06ds-7Jn(9).doc