1 S.B.CIVIL WRIT PETITION NO.4572/2005 Anand Prakash Joshi v. R.S.R.T.C. & Ors. Date of Order :: 1st May, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Sanjeet Purohit, for the petitioner. Mr. Vineet Kumar Mathur, for the respondents. .... On completion of requisite training, appointment was given to the petitioner as “Adda Parichalak” in the pay scale of Rs.110-230 under an order dated 8.3.1976, passed by the Divisional Manager, Rajasthan State Road Transport Corporation (hereinafter referred to as “the R.S.R.T.C.”), Jodhpur. The pay scale of Rs.355-570 was given to the petitioner, however, the grant of annual grade increment was made subject to qualifying type test. Though no typing test was conducted by the respondents, the annual grade increments were sanctioned and the selection grade too was granted to the petitioner on completion of 9 and 18 years of service. The petitioner stood retired from services on 31.7.2005, however, prior to that a promotion was granted to him as Upper Division Clerk on 31.12.2004. On 18.7.2005 an another order was passed to effect recovery of the amount from the petitioner said to be paid in excess by the grant of annual grade increments and selection grades despite of non-qualifying the type test. Being 2 aggrieved by the order effecting recovery for the amount said to be paid in excess, this petition for writ is preferred. The argument advanced by counsel for the petitioner is that he was never called for by the employer to face typing test. It is also urged that once the annual grade increments were allowed to the petitioner and he was also permitted to continue in service uptil attaining the age of superannuation, the order to effect recovery and withdrawal of the selection grades already granted shall be highly unjust and arbitrary. Per contra, the stand of the respondents is that the type tests were conducted by the Corporation but the petitioner did not choose to appear in such tests. It is also stated that without qualifying the type test, the petitioner was not at all entitled for getting annual grade increments and selection grades. Certain documents are also placed on record to substantiate the contention that the typing tests were conducted. On examination of the documents referred above, I found that those are having no relevance in the present controversy as not a single document discloses that the petitioner was ever called to face type test. The respondents not only allowed the annual grade increments to the petitioner but also granted him selection grades and also promoted him 3 to the post of Upper Division Clerk, thus, it is established that the services of the petitioner were always satisfactory. The petitioner has already been retired from service after serving the respondents for good three decades. In view of it, now to permit the respondents to withdraw the annual grade increments and selection grades granted, shall be highly unjust and arbitrary. The petition for writ, therefore, deserves to be allowed and accordingly the same is allowed. The order impugned dated 18.7.2005 withdrawing the selection grades and annual grade increments and also making an order to effect recovery for the amount said to be paid in excess is declared illegal and the same is hereby quashed. If the respondents have already made any recovery from the petitioner in pursuant to the order impugned or otherwise by withdrawing the annual grade increments and selection grades granted, then that amount shall be refunded to the petitioner expeditiously as far as possible within a period of three months from today. No order to costs. ( GOVIND MATHUR ),J. Kkm/ps.