1. Petitioner was holding the post of Assistant in the Department of Planning and superannuated on 31.7.2000. According to the petitioner, he was getting pay scale of Rs. 5,500-9,000/- and the pay was Rs. 8,650/- at the time of his superannuation.

Thereafter the provisional pension, gratuity etc. were sanctioned but final settlement of his retirement dues was not made for a while. During the service period of the petitioner, petitioner had been given benefit of first time bound promotion w.e.f. 15.7.1993 but only during the course of final settlement of the pension of the petitioner an objection was raised by the Finance Department that the petitioner ought not to have been given first time bound promotion in view of certain circulars of the department because he had not passed the departmental examination while in service. Not only this, even his prayer for exemption made earlier was rejected by the concerned authorities in the year 2005.

2. The decision to withdraw the first time bound promotion granted to the petitioner has been taken vide order dated 11th of August, 2004 which is Annexure- 6. The benefit has been withdrawn from the retrospective date and the salary of