IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.2551/03 Smt. Gulab Devi Sharma vs. State & Ors. Date of order : 6/11/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri B.C. Chirania for the petitioner. Shri Hemant Gupta, Addl. Government Counsel for the State. ****** Shri B.C. Chirania, learned counsel for the petitioner has argued that the controversy raised in this writ petition is squarely covered by division bench judgment of this Court in Pushp Lata Thada & 41 Ors. vs. State of Rajasthan & Ors.-2001(2) WLC (Raj.) 560 dated 26.4.2001 and also S.B. Civil Writ Petition No.840/01, Gopal Singh Rathore vs. State & Ors. decided on 24.5.2001 wherein it was held by the division bench that merely for the reason of Teacher being untrained, the appointment cannot be treated as irregular and on that basis the selection scale granted cannot be withheld and recovery on that basis cannot be made. Learned counsel cited the subsequent order dated 12.4.2002 passed by the Finance Department whereby the earlier order dated 27.7.1995 was revised. Citing from the reply to the writ petition, specially para 10, it was contended that the sole basis on which the respondents withdrew this benefit and directed recovery of the amount of Rs.1300 was this Circular of the Finance Department which itself has been on that aspect amended. Shri Hemant Gupta, learned Additional Government Counsel opposed the writ petition but is not in a position to distinguish the present matter with the case of Pushp Lata Thada, supra. The writ petition is accordingly allowed. The order of recovery dated 29.7.1998 is quashed and set aside and the petitioner is allowed to retain the benefits as originally allowed to him. (MOHAMMAD RAFIQ), J. RS/