UNION OF INDIA Vs. MOHD RAUF

JUDGEMENT

(1.) Heard Sri B.K. Shukla, learned counsel for petitioner and perused the record.

(2.) This writ petition is directed against judgment and order dated 23.04.2001 passed by Central Administrative Tribunal, Lucknow Bench, Lucknow (hereinafter referred to as ''Tribunal') disposing of Original Applications No. 46 of 1996 and 658 of 2000 filed by applicant-respondent no. 1 and directing petitioner not to effect recovery of payment made on account of advanced increments granted to applicant-respondent no. 1 for higher qualification, but simultaneously observing that since six advanced increments were granted to applicant-respondent erroneously, hence petitioner may calculate pension and retiral benefits of applicant-respondent no. 1 by reducing pay as a consequence of withdrawal of six increments and thereafter pay his retiral benefits accordingly.

(3.) Facts in brief giving rise to this writ petition are that, applicant-respondent-1 was appointed as Chemical and Metallurgical Assistant in 1971. He possessed qualification of Bachelor in Science and Bachelor of Engineering (Metallurgy). Applicant- respondent no. 1 was granted six advance increments in purported compliance of Railway Board's circular dated 14.02.1990, vide order dated 20.10.1992. Later on, vide order dated 8/11.01.1996, respondents observed that aforesaid advance increments were wrongly allowed and hence same are being withdrawn and the amount already paid is to be recovered.