1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: O R D E R :: S.B. CIVIL WRIT PETITION No.361/2007 Rishab Dev Purohit Vs. State of Rajasthan & Anr. Dated of Order : 12.03.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Ms. Rekha Borana, for the petitioner. Mr. K.L. Bhati, for the State. ***** By this writ petition, the petitioner has challenged an order by which recovery is effected vide annexure-5 dated 13.11.2005. Contention of the learned counsel for the petitioner is that while the petitioner was discharging his duties on the post of Headmaster, a special pay of Rs.300/- was allowed and that was given to the petitioner till his retirement i.e. 31.10.2003. It is only after retirement that respondents have now passed an order Annexure-5 to recover the amount 2 of Rs.19,200/-. The contention of the learned counsel for the petitioner is that additional amount of Rs.300/- was paid to the petitioner without his misrepresentation and now when the petitioner has already retired, the order of recovery has been effected which virtually means that said recovery is to be effected from pensionary benefits which otherwise not permissible. Learned counsel for the respondent though contested the matter but could not justify the order of recovery on any reasonable basis. In view of the submissions made by the learned counsel for the parties, the order effecting recovery of Rs.19,200/- cannot be allowed to stand. Inasmuch as the amount of Rs.300/- per month was paid to the petitioner by the respondent at their own and without any misrepresentation by the petitioner. Hence, the amount already paid cannot be recovered from the petitioner after his retirement, more specifically when recovery is now being effected from the retiral benefits. 3 In view of the above, order Annexure-5 is set aside. The writ petition is accordingly allowed with a direction to the respondent to refund the amount of Rs.19,200/- to the petitioner within a period of two months from the date of receipt of copy of this order. (MUNISHWAR NATH BHANDARI), J. Praveen