1 S.B. Civil Writ Petition No.4472/2009 Smt. Rama Gauri vs State of Raj. & Ors. DATE OF ORDER : - 6.5.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. SN Trivedi, for the petitioner. <><><> Heard learned counsel for the petitioner. Learned counsel for the parties submits that the controversy raised by the petitioner in this writ petition has been answered in favour of the petitioner by Division Bench of this Court in State of Raj. Vs. Ramniwas Porwal reported in 2008(2) RLW 1270 wherein the Division Bench held as under: - “(43). But those who have been promoted as Senior Teachers drawing their pay in Second Selection Grade of 6500-10500 will not be eligible for this pay protection because even under the Rules of 1998 as initially exist, they were to be promoted to Senior Scale, which was Rs.5500-9000 only. But because of lacuna in the Rules originally enacted, not providing any specific provision, their fixation has been wrongly 2 made by considering all Senior Teachers to be of the same category. The Initial fixation in higher pay-scale being without any mistake on their part, until Notification of amendment, the resultant recoveries of excess amount paid to them has been waived.” And the aforesaid Division Bench judgment has also been followed by this Court in SBCWP No.1397/2009- Vijay Kumar Vs. State of Raj. & Ors decided on 1.5.2009. In view of the above, following the aforesaid judgments referred above, the writ petition is allowed and it is held in the light of the Division Bench judgment referred above the respondent shall not be entitled to recover the amount paid to the petitioner. (PRAKASH TATIA), J. c.p.goyal/-