of Deputy Engineer and after 1996 he could not have got increments even in the scale of Deputy Engineer. The petitioner, who retired as Class I Officer got the benefit of the order of year 2004 and the other relevant circumstances about the order are also mentioned. The employee of such Class, Class I and Class II Officers are expected to be above board. Such employees are not expected to accept the benefit of orders which they know are illegal. Thus, even if it is presumed that the petitioner had not played active role in getting the order of 2004 from Superintending Engineer, he ought not to have accepted the promotion to the post of Executive Engineer and he ought to have informed to the department that due to aforesaid circumstances, he was not entitled to get that post. However, the record shows that he continued to get increments even after 1996, he got the order of exemption in the year 2004 and on that basis he got the post of Executive Engineer. Due to all these circumstances, this Court holds that petitioner was not innocent person and he had hand in the order of 2004. Thus, there are peculiar circumstances in the present case due to which not only the order made of refixing the pay needs to be upheld, but also the order of recovery of excess payment made against the petitioner needs to be upheld. Unless that that is done, atleast in Government Departments and Government Corporations such mischiefs cannot
