Kuldip Singh, J. - (1.) The petitioner was appointed as Junior Engineer/Line Superintendent on adhoc basis w.e.f. 3.9.1974. He was granted annual grade increments from time to time. His service was continued and was without any break. He was appointed on regular basis w.e.f. 18.10.1978 without any break. Petitioner retired on 31.12.2010 on attaining the age of superannuation from the post of Assistant Executive Engineer. Petitioner states that adhoc service rendered from 3.9.1974 to 17.10.1978 was not counted towards retiral benefits. The increments granted for the adhoc period were withdrawn in 1981 without affording any opportunity of hearing to the petitioner and by just making an entry in the service book. On 4.3.2009, his stepping up of pay w.e.f. 1.10.1999 was withdrawn and changed to 1.10.2000 and recovery of Rs. 34082/- from 1.10.1999 to 30.5.2006 was calculated without hearing the petitioner.
(2.) It also comes out that petitioner previously approached this Court by filing CWP No.11149 of 2012 which was decided in limine on 31.5.2012, directing the respondents to pass a speaking order on the representation of the petitioner. Accordingly, a speaking order dated 22.11.2012 (Annexure P4) was passed wherein adhoc service was counted for grant of retiral benefit. However, increments for adhoc service were declined and similarly withdrawal of stepping up of second time bound scale was also declined.
(3.) Respondents have taken the stand that the order of withdrawal of increments was passed in the year 1981 and stepping up was declined on 21.11.2007. These were not challenged within time. The pay was rightly re-fixed.;