JUDGMENT
Ar. Lakshmanan, C.J.
1. Heard the learned counsel appearing on behalf of both the parties.
2. The petitioners in W.P. No. 15071 of 2001 have filed this petition seeking to modify the order dated 21-11-2001, passed by a Bench of this Court comprising of the then Chief Justice Sri. S.B. Sinha and Sri. V.V.S. Rao, J, by substituting the order passed by the very same Bench on the very day in W.P. No. 2361 of 2000.
3. By the order dated 21-11-2001, passed in W.P. No. 15071 of 2001, the Division Bench declined to grant relief on the basis of the judgment dated 16-10-2001 passed in W.A. No. 424 of 2001 and W.P. No. 21488 of 2000 and batch.
4. W.P. No. 15071 of 2001 was filed by the petitioners praying for a writ of mandamus declaring the action of the respondents in effecting the recovery of salaries drawn by them as per Government Memo dated 14-10-1991 despite the orders issued by the Commissioner for Co-operative Societies, in his proceedings dated 29-9-1999, as highly illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and whereas W.P. No. 2361 of 2000 was filed by five persons, claiming similar relief, as is claimed in W.P. No. 15071 of 2001.
5. The Division Bench of this Court holding that where civil consequences ensue, even a mistake cannot be rectified without complying with the principles of natural justice, allowed W.P. No. 2361 of 2000 by order dated 21-11-2001 and directed the respondents not to recover the enhanced salary and decide the issue of recovery after affording opportunity of being heard to the petitioners.
6. As rightly pointed out by the learned counsel for the petitioners herein, the order passed in W.P. No. 2361 of 2000, dated 21-11-2001, should also have been passed in W.P. No. 15071 of 2001, which was also filed for the relief, as is claimed in W.P. No. 2361 of 2000, but some how a mistake has crept in. We are in complete agreement with the view taken by the Division Bench of this Court in W.P. No. 2361 of 2001 that excess amount, if any, paid to a Government employee, can be recovered only after affording a reasonable opportunity of hearing.
7. For the foregoing reasons, we allow this review petition. The order dated 21-11-2001, passed in W.P. No. 15071 of 2001 shall stand cancelled, and in its place, the order passed in W.P. No. 2361 of 2000, dated 21-11-2001, shall be substituted. No costs.