- (1.) In the instant writ application, the petitioner is aggrieved of the order dated 18th August, 2003 (Annexure-4), passed by the State-respondents by which the benefits of selection scale accorded to the petitioner on completion of fifteen years of service, was withdrawn and an amount of Rs.29,098/- (Rupees : Twenty Nine Thousand Ninety Eight Only), was recovered, on account of excess payment, and therefore, has approached this Court praying for the following relief(s):- (1) That by an appropriate writ, order or direction the impugned order dt.18.8.2003 may kindly be quashed and set aside and it may kindly be held that the objection raised by the office of the respondent No.2 is illegal and unjustified. (2) That by an appropriate writ, order or direction the respondents may kindly be directed to refund the recovery amount Rs.29098/- with interest at the rate of 18% per annum. (3) That any other writ order or direction which this hon'ble court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner society."
(2.) Briefly, the skeletal material facts necessary for appreciation of the controversy raised in the instant writ application needs to be first noticed. The petitioner was initially appointed as Lower Division Clerk on 11th May, 1967; and retired from the service, attaining the age of superannuation, with effect from 31st October, 2001, while working on the post of Upper Division Clerk from the office of District Supply Officer, Jhunjhunu. It is pleaded case of the petitioner that in the year 1983, a minor penalty of stoppage of one annual grade increment, without cumulative effect, was imposed upon him vide order dated 24th May, 1983. The petitioner was accorded the benefits of selection scale after completion of fifteen years of service with effect from 1st September, 1988. Later on, the respondents vide impugned order dated 18th August, 2003; allegedly realized their mistake and deferred the benefits of selection scale by one year in the face of minor penalty imposed vide order dated 24th May, 1983, thereby making the selection scale admissible with effect from 1st September, 1989 instead of 1st September, 1988. Consequently a recovery of an amount of Rs.29,098/- (Rupees : Twenty Nine Thousand Ninety Eight Only) was also made. The action of the State-respondents has been assailed for being illegal, arbitrary and violative of mandate of Article 14 and 16 of the Constitution of India. According to the petitioner, since his pensionary benefits were withheld on superannuation and in those circumstances, he was constrained to deposit the amount of Rs.29,098/- (Rupees : Twenty Nine Thousand Ninety Eight Only), allegedly the excess payment on account of grant of selection scale with effect from 1st September, 1988 instead of 1st September, 1989, and therefore, has prayed for a direction of refund of the amount deposited along with interest @ 18% per annum.
(3.) In response to the notice of the writ application, the respondents have filed their counter affidavit supporting their action, in deferring the grant of selection scale to the petitioner with effect from 1st September, 1989 instead of 1st September, 1988; in the face of minor penalty imposed vide order dated 24th May, 1983, while considering the case of the petitioner with reference to the record of seven years preceding the date of grant of selection scale.;