Sudhir Agarwal, J. - (1.) Heard Sri Harsh Trivedi, Advocate holding brief of Sri Abhishek Mishra, learned counsel for the petitioners and learned Standing Counsel for respondents.
(2.) The petitioners have assailed order dated 06.01.1999 passed by Registrar Co-operative Societies U.P, Lucknow whereby he has recommended recovery of the amount paid to petitioners as a result of annual increments prior to 01.01.1986; as well as order dated 24.07.1999 passed by Sub-Registrar (Administration) for Registrar. It is stated that in the enquiry it was found that petitioners had been granted annual increments without following procedure prescribed under Rule 24 of Subordinate Co-operative Service Rules, 1979 (hereinafter referred to as the "Rules, 1979") hence amount paid is recoverable.
(3.) Learned counsel for petitioners has stated that order impugned speaks that annual increments could have been granted only after completion of two years' probationary period as well as confirmation of services and, therefore, benefit thereof prior to it was not permissible under law, whereas the facts of the case are different. It is stated that before grant of aforesaid benefit, petitioners had completed probationary period and confirmation had also been done, which has not been disputed in the counter affidavit.;