M RAGHAVAN Vs. DISTRICT JUDGE

JUDGEMENT

(1.) THE petitioner is a L.D. Clerk in the Sub Court, Hosdurg. He is challenging Exts.P2 and P3 orders, whereby the increment granted to him on 1.1.2003 on promotion to the post of Attender Grade II from the post of Process Server, was held to be irregular on the ground that he should have been given increment only with effect from 1.11.2003. According to the petitioner, the increment was correctly given and even if there is any irregularity, after more than 4 years, the alleged excess amount drawn to him cannot be recovered.

(2.) A counter affidavit has been filed by the 1st respondent, wherein it is stated as follows in paragraphs 3 and 4:

(3.) THE contention of the petitioner that since the petitioner had not contributed to the alleged mistake the excess amount should not be recovered from the petitioner also does not find favour with me. It is not as if the respondents took years to find out the mistake. Within 4 years, it has been found out and action taken. I am not inclined to consider it as unduly delayed. In the above view, the writ petition is dismissed. However, I direct the respondents to recover the excess amount drawn by the petitioner from the monthly salary of the petitioner in easy instalments.