1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.2051/2007. : : Gulab Chand Meena Vs. State of Rajasthan & Ors. : : Date of Order 1.4.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Shashi Bhusan Gupta for the petitioner. Mr. Pradeep Kalwania, Addl.Govt.Counsel for the State. 1. This writ petition has been filed challenging the order dated 11.8.2004 whereby date of selection scale earlier granted to petitioner was changed and it was directed that petitioner shall be granted selection scale on completion of 8 years of service on 25.1.2000. 2. Shri Shashi Bhusan Gupta, learned counsel for the petitioner argued that this order was passed in consequence of the order dated 19.2.2007 by which the date of selection scale that was granted to petitioner on 25.1.2000 was changed and it was made on 10.9.2003. Learned counsel submitted that respondents have not afforded any opportunity of hearing to petitioner inasmuch as the 2 respondents are seeking to make recovery of the excess amount. It was argued that even if respondents were required to grant benefit of selection scale as per the new scheme promulgated by Rajasthan Civil Services (1998) made effective from 1.7.1988 that could be made prospective to correct the mistake, but they could not make recovery of excess amount, unless it is shown that earlier pay fixation was made owing to misrepresentation on the part of petitioner. Learned counsel relied on judgment of this Court in State of Rajasthan & Ors. Vs. Raniwas Porwal & Ors. : 2008 (2) WLC (Raj.), 406. Learned counsel submitted that petitioner is going to retire shortly and that if respondents are not prevented from making recovery, they would withhold such amount from his retiral benefits. 3. Shri Pradeep Kalwania, learned Additional Government Counsel opposed the writ petition and submitted that respondents were merely seeking to correct a mistake and that in the case of correction of mistake opportunity of hearing was not required to be afforded. It was submitted that earlier the petitioner was wrongly granted pay scale and it was subsequently corrected. 3 4. Having regard to the facts of the case and keeping in view the settled proposition of law following catena of judicial pronouncements, it must be held that though the respondents can correct the mistake prospectively, but for the period petitioner has already been paid in the higher scale of pay, the excess amount so paid cannot be recovered unless and until it is shown that excess amount was received by petitioner on account of any fraud or misrepresentation on his part. This writ petition is, therefore, partly allowed. The respondents are restrained from making any recovery from the petitioner. The respondents will however be free to give effect the order dated 19.2.2007 prospectively. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.24.