- (1.) This writ petition is directed against order dt. 17.10.08 issued by The Assistant Engineer, 132 KV GSS, RRVPNL, Bhatewar, District Udaipur, whereby while withdrawing the advance increment of Rs. 245/- granted to the petitioner, who was working as Electrician II with the respondents, an amount of Rs. 1,29,357/- was ordered to be recovered from his salary. At the outset, learned counsel for the petitioner submitted that the petitioner does not want to press the relief in respect of the withdrawal of the grade increment and re-fixation made pursuant thereto, however, the amount already paid to the petitioner pursuant to the advance increment granted way back on 1.4.74, cannot be permitted to be recovered. Learned counsel submitted that the petitioner has already retired from service in the year 2011.
(2.) It is not disputed before this Court that the benefit of advance increment was extended to the petitioner by the respondents on their own and there is no allegation of misrepresentation or fraud on the part of the petitioner in the matter of grant of increment as aforesaid. Obviously, the amount paid to the petitioner by way of advance increment must have been spent by him and therefore, even if the withdrawal of advance increment and re-fixation of the petitioner's pay, is held to be valid, the recovery of the amount already paid at this stage, when the petitioner has already retired from service, does not appear to be justified moreso when, the grant of advance increment was a conscious decision of the respondents and the petitioner is not at fault in any manner whatsoever. In view of the discussion above, the writ petition is partly allowed. The order impugned to the extent directing the recovery of the amount of Rs. 1,29,357/- from the salary/retiral benefits of the petitioner, is quashed. It is made clear that if the amount pursuant to the impugned order has already been recovered from the retiral benefits of the petitioner then, the same shall be refunded to him within a period of two months from the receipt of the certified copy of this order. No order as to costs.;