- (1.) Instant petition has been filed against order of the ld. Tribunal dt.30.11.1999.
(2.) Brief facts of the case which culled out from the record are that the petitioner joined service initially as Upper Division Clerk on 9.12.1968. He was promoted as Head Clerk on 29.9.1975 and Supervisor Grade-II on 30.5.1981. The petitioner appeared in the departmental examination for Inspector of Income Tax and qualified the same in June 1981 and in furtherance thereof, he was allowed two advance increments from June 1981. It is further stated that Govt. of India issued a circular dt.6.4.1983 which provides two advance increments who qualify the departmental examination such as Inspector of Income Tax/I.T.O. In accordance with the decision, two advance increments were sanctioned to the petitioner vide order dt.14.9.1983 w.e.f. 1.6.1981. But unilaterally the respondent took a decision to recover the amount of two advance increments disbursed to the petitioner and to fix the pay of the petitioner on the basis of clarification sought vide order dt.20.10.1994.
(3.) It is stated by the petitioner that two advance increments which were sanctioned to him from 1.6.1981 by the competent authority vide order dt.14.9.1983 no recovery could be made from the petitioner at belated stage and as such decision of the respondent was in violation of the principles of natural justice. Reply was filed by the respondent before the Tribunal and their defence is that he was wrongly granted benefit of two advance increments from 1.6.1981. Even the post of Supervisor Gr.II was never identified to make available two advance increments on passing the departmental examination for the post of Inspector of Income of Tax and there is no rule to this effect.;