Jayanta Kumar Biswas, J. - (1.) THE petitioner in this WP under art. 226 dated December 23, 2004 is questioning a decision of Central Mechanical Engineering Research Institute dated January 21, 2002 (WP p.24). Relevant parts of the decision are quoted below: In continuation of this Office memorandum of even number, dtd. 9.1.2002, this is stated that an over payment to the tune of Rs. 64,339/ - (Rupees Sixty four thousand three hundred thirty nine only), as ascertained in consultation with the F & AO, has been made to Shri Gobinda Das, Ex -T.A.B -1 due to granting him three advance increments w.e.f, 1.4.1988 erroneously. In compliance with CSIR decision an amount of Rs. 64,339/ - (Rupees Sixty four thousand three hundred thirty nine only), may be recovered from the leave encashment bill of Shri Gobinda Das.
(2.) THE petitioner was appointed in the institute as a Plumber in 1965. He was retired from service as TA B -1. Case stated in para.4 of the WP is as follows: - 4. During the tenure of service of your petitioner your petitioner had been granted three advanced increments by the assessment committee on his attaining promotion from Technician Grade (II) 2 in the scale of Rs. 1,350 -2200 to Technician grade (II) 3 in the pay scale of Rs. 1400 -2300 W.E.F. 1.4.88 with three advanced increment under the New Recruitment and Assessment Scheme, 1981. At para 0.4.5. three was and is a clear provision of grant of advance increments. It is evident that after his retirement from service the institute decided to recover Rs. 64,339 alleging overpayment due to erroneous grant of advance increments with effect from April 1, 1988.
(3.) AFFIDAVIT -in -Opposition has been filed, and case stated in para.5 of the AO is as follows: -;