Judgment:
(Oral).
Sanjeev Kaushik, Member (J).
1. The question of facts and law involved in these three Original Applications being common, these have been taken up for disposal by a common order, with the consent of the parties.
2. Learned counsel for the applicants at the very out set submitted that identical issue, as raised by applicants in these cases has already been thrashed by a co-ordinate Bench of this Tribunal in O.A.No. 772-PB-2012 (Jagdish Singh Jassal Vs. Union of India and Others) decided on 30.08.2013 in favour of the employees, holding that advance increments is to be counted for the purpose of pay fixation etc. against which respondents have went in appeal against the order dated 30.8.2013 in CWP No. 374 of 2014 (Director General, ICAR and Another Vs. Jagdish Singh Jassal and Others) before the jurisdictional Honble High Court and operation of the impugned order has been stayed. He, therefore, prayed that the present Original Applications may be adjourned sine die to await the decision of the Honble High Court or in the alternative the same may be disposed of in the same terms, subject to decision of CWP and till then the interim order dated 17.8.2012, whereby recovery had been stayed, may be made absolute.
"5. We have given our thoughtful consideration to the entire matter.
6. When O.A.No.869-HR-2012 came up for hearing on 17.8.2013 this Court passed the following order:-
1. Notice.
2. Notice re-stay as well."
3. Mr. R.K. Sharma, learned Standing Counsel for respondent department accepts notice on behalf of the respondents. He seeks time to have instructions/to file pleadings.
4. List on 3.9.2012.
5. In the meantime, the impugned recovery shall stand stayed till the next date of hearing. Identical orders have been passed in other two cases as well.
6. With regard to re-fixation of pay of the applicants, there is no stay by this Court and only recovery of excess amount has been stayed. Considering that similar matter is pending in the Honble High Court, without commenting on merits of the present Original Applications, these are disposed of at this stage, as prayed for by learned counsel for the applicants that he will abide by the decision given by the Honble High Court in the above pending Writ Petition. Till then stay on impugned orders of recovery is made absolute in all these cases. The respondents are at liberty to re-fix the pay of the applicants in pursuance of the impugned orders. Parties would be at liberty to move an application for revival of the Original Applications, after decision of the Honble High Court, if need so arises.
7. All these Original Applications stand disposed of accordingly. No costs.