1. The petitioners herein have prayed to direct the respondent not to implement the impugned decision rendered by the respondent vide letter dated 13.04.1998 at Ex. 'G' to the petitions resulting into the office order dated 08.06.1998 at Ex. 'H' to the petitions.
2. It is the case of the petitioners that the petitioners, a post graduate in the discipline of engineering were appointed as Deputy Executive Engineer with the respondent with the basic pay of Rs. 700/-. Thereafter, an advertisement was issued by the Gujarat Public Service Commission authorizing highly qualified candidates in the concerned discipline to request for higher start to the extent of three advance increments. Pursuant to the request of the petitioners, vide resolution dated 23.11.1984, the petitioners were given advance three increments each of Rs. 40/- and the basic pay was fixed at Rs. 820/-. Thereafter, vide resolution dated 15.09.1995, it was conveyed that the three increments were only early release of increments to be adjusted later. The petitioners therefore made a representation being aggrieved by the said interpretation on the part of the respondents. The respondent vide communication dated 13.04.1998 rejected the representation. Thereafter vide order dated 08/10.06.1998 the benefit given to the petitioner since 1983 was reduced retrospectively. Being aggrieved by the communication dated 13.04.1998 and the office order dated 08/10.06.1998, the present petition was preferred.
3. Mr. Jadeja, learned advocate appearing for Mr. D.C. Dave for the petitioners has stated that the petitioner in Special Civil Application No. 4694 of 1998 has already retired and that the petitioner in Special Civil Application No. 4695 of 1998 is about to retire in few years. He submitted that the release of three advance increments was a sort of incentive to attract more meritorious and more talented candidates having more qualification and therefore if the resolution dated 15.09.1995 is to be given effect to, the respondent shall be committing a breach of the solemn promise.
4. This Court vide order dated 19.06.1998 admitted the matter and stayed the impugned orders at Ex. 'G' & 'H' to the petition. Therefore, the petitioners have been given the benefit of the impugned orders for the last about 14 years. This court considering the peculiar facts and circumstances of the case, prima facie, is not inclined to disturb the situation which has been prevailing for the last so many years. Therefore no recovery of any sort shall be made now. However, it is clarified that the three advance increments shall be adjusted against the pensionary benefits in cases of both the petitioners.
5. In the premises aforesaid, it is hereby directed that the respondent shall not effect any recovery for the amount paid till date to the petitioners. However, the three advance increments shall be adjusted against the pensionary benefits paid/to be paid to the petitioners. Liberty is reserved for both the sides to approach in case of any difficulty while fixing the pension of the petitioners. With the aforesaid direction, petitions are partly allowed. Rule is made absolute to the aforesaid extent.
(K.S. JHAVERI, J.) Divya//