( 1 ) THE petitioner, who is currently serving as Driver in the establishment of the a. P. S. R. T. C being aggrieved by the Office order No. El/367 (2)/98-NLR-l, dated 15-4-1999 of the Depot Manager, Nellore I the first respondent herein directing recovery of a sum of Rs. 8,434-30 ps. from the salary of the petitioner on the ground that family planning incentive increment was wrongly paid to the petitioner for the period from 23-5-1991 to 31-5-1998, has filed this writ petition assailing the validity of the same.

( 2 ) THE circumstances that led to filing of the writ petition may be stated briefly as under: The petitioner while serving as driver submitted a representation stating that his wife underwent tubectomy operation on 14-9-1990 after giving birth to two children and requested the management to grant family planning incentive increment as per the scheme framed by the management. Acting on the representation of the petitioner, he was sanctioned one incentive increment with effect from 1-10-1990. The petitioner s wife smt. K. Vijayamma died in an accident in the month of November, 1990. Thereafterwards, the petitioner contracted second marriage with Smt. A. Sri