- (1.) HEARD the learned counsel for the petitioner and the respondents.
(2.) GRIEVANCE of the petitioner is against order dated 29.5.2003 (Annexure 4/1) whereby the date of promotion granted to the petitioner in the selection grade has been revised by computing 14 years of continuous service from the date of his joining the post of Bill Clerk in 1973 and the earlier promotion given to him by computing the period of 14 years from the date of his initial appointment in 1970, has been cancelled. Further grievance of the petitioner is that pursuant to the aforesaid impugned order, recovery of sum of Rs. 515/ - per month is being made from the petitioner's salary. Learned counsel for the petitioner explains that the petitioner was initially posted as Meter Reader in 1970. Subsequently, by annexure 2 he was posted as Bill Clerk in the year 1973 and thereafter on completion of 14 years of service, he was given selection grade pay scale and subsequently in 1990 was granted promotion to the super selection grade. While it was so, by the impugned order, he has been informed that the promotion granted to him in the Selection Grade by computing 14 years from the year 1970 was incorrect and it should be treated as granted from the year 1973 when he was posted as Bill Clerk and upon such basis, recovery of the purported excess paid amount is sought to be made from the petitioner's salary. Learned counsel argues that such action on the part of the respondents is arbitrary and cannot be allowed, since such action has been taken without giving him any prior notice nor any opportunity of hearing. Further more, even if there was any error in computing, no amount, on the plea of excess payments can be unilaterally recovered after lapse of more than 20 years.
(3.) ON the other hand, learned counsel for the respondents explains that admittedly, the petitioner's initial appointment was on the post of Meter Reader which is a separate cadre from that of Bill Clerk. The petitioner's posting as Bill Clerk was a fresh appointment which the petitioner had voluntarily accepted and therefore the petitioner's promotion on the higher pay scale has to be computed only with reference to the date of his appointment in the cadre of the Bill Clerk. Learned counsel submits that as it appears from the pleadings, though no prior notice was given to the petitioner, but in any case, the respondents cannot be prevented from making correction or rectification of the error which had crept in inadvertently and the petitioner cannot raise any grievance against such correction. ;