Somnath Ayyar, J. - (1.)There are 21 petitioners before us and they were all second division clerks in the district of Shimoga in the year 1951. During the years 1951 and 1952 they were entitled to increments in their pay-scale and those increments were paid notwithstanding their not having passed the prescribed departmental examinations.
(2.)On 5 August, 1955 by an order made by the State Government, officials who were in service on or before 15 June, 1951 and who were less than 42 years of age, were granted time till 15 June, 1956 to pass the departmental examinations and tests. There was meanwhile an audit objection to the payment of increments to the petitioner for the period between 15 June, 1951 and 1 April, 1952 and it was thought that that objection perished with the extension of the time granted by the Government for passing the departmental examinations.
(3.)But in his letter addressed to the Deputy Commissioner, Shimoga, it was pointed out that in the opinion of the Account-General, the Government order of 5 August, 1955 did not entitle the petitioners to any increment for the period prior to 1 April, 1952. This opinion was formed on the foundation that Art. 84 of the Mysore Service Regulations came into force only on that date. The Account-General, therefore, thought that since that article has no retrospective effect, the increments paid to the petitioners should be recovered from them.