Judgment :- 1. The petitioner joined the services as a Field Demonstration Officer on being sponsored by the Employment Exchange in the year 1987. In the year 1988, the Field Demonstration Officers were granted Special Pay @ 5%. The benefit was extended to the petitioner also. 2. Thereafter, vide order No.U2694/2001 dated 27.9.2001, the Special Pay of 5% was ordered to be withdrawn by cancelling the order with retrospective effect. It was further ordered that the amount paid to the petitioner towards 5% Special Pay be withdrawn in 30 monthly instalments. 3. The impugned order has been challenged on the following grounds: (i) That the impugned order affecting the civil rights of the petitioner has been passed without complying with the principles of natural justice. (ii) That the impugned order is against well settled law that the benefit even if wrongly granted cannot be withdrawn retrospectively, in absence of allegation of fraud or misrepresentation. 4. The writ petition is opposed by the learned Additional Govt. Pleader, on the ground that the benefit of 5% Special Pay was erroneously granted to the petitioner and it was due to the audit objection, that the recovery order was passed, therefore, no fault can be found with the impugned order. 5. On consideration, I find the defence raised by the learned Additional Govt. Pleader cannot be accepted, being against the well settled law, that the benefit once granted even if wrongly, cannot be withdrawn retrospectively in absence of allegation of fraud or misrepresentation. 6. Further, the order affecting the civil rights of the party cannot be passed without complying with the principles of natural justice. The contention raised by the learned counsel for the petitioner therefore, deserves to be accepted. 7. Consequently, this writ petition is allowed. The impugned order is set aside. No cost.