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This aspect has been specifically suppressed from this Court and the petitioners have nowhere mentioned in the petition that they had given such an undertaking to the employer so as to recover the amounts paid to them, if they are found to be dis-entitled either by the High Court or the Hon'ble Apex Court.

7. The record reveals that the Secretary, Department of Personnel, Public Grievances and Pension as well as the Union of India and others approached the Hon'ble Supreme Court by filing a bunch of Special Leave Petitions challenging various orders passed by the Central Administrative Tribunal having its Benches in different States. Several petitions were taken up together and, vide judgment dated 09-12-2014, all the judgments delivered by the various Benches of the CAT upholding the claim of the Data Entry Operators Grade-A were quashed and set aside. In the concluding paragraph 32, the Hon'ble Apex Court held as under :-

5 wp 2629.17 "32. In view of the findings recorded above we hold that Data Entry Operators Grade-A are not entitled for Scale of pay of Rs. 1350-2200 w.e.f. 1.1.1986 or thereafter merely on the basis of their qualifications or for the fact that they have completed their period of requisite service. We further hold that any decision rendered by any Tribunal or any High Court contrary to our decision is wrong. Further in view of the reasons and findings recorded above while we hold that the respondents are not entitled to the benefit as they sought for before the Tribunal or the High Court, all the impugned orders passed by the CAT Benches and the High Courts in favour of the respondents being illegal are set aside."

14. It is, thus, apparent in view of the crystallized law that if an employee tenders an undertaking binding himself to refund the excess amounts if he is subsequently found dis-entitled, recovery of such amounts cannot be set aside. This judgment has been delivered on 29-07-2016.

15. The respondent Management in the cases in hand have specifically taken undertakings from each of the petitioners on 12-04-2013 and, thereafter, released their payments on 16-04-2013. In less than 20 months, the Hon'ble Apex Court quashed and set aside the judgment delivered in favour of similar employees vide judgment dated 09-12-2014 and it was specifically recorded by the Hon'ble Apex Court that " in view of the findings recorded above we hold that Data Entry Operators Grade-A are not entitled for scale of pay of Rs. 13500-2200 w.e.f. 1.1.1986 or thereafter merely on the basis of their qualifications or for the fact 10 wp 2629.17 that they have completed their period of requisite service. We therefore further hold any decision rendered by any Tribunal or any High Court contrary to our decision is wrong. Further in view of the reasons and findings recorded above while we hold that the respondents are not entitled to the benefit as they sought for before the Tribunal or the High Court, all the impugned orders passed by the CAT Benches and the High Courts in favour of the respondents being illegal are set aside ".