1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5992/2005 Rajendra R. Sharma vs. State & Ors. Date of order : 24/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioner. Ms. Priyanka Pareek, Deputy Govt. Counsel for the State. ****** This writ petition has been registered on the basis of letter received from Rajendra R. Sharma, who complained that despite number of decisions of this Court that selection scale once granted cannot be withdrawn, the respondents have in the case of the petitioner illegally deducted a sum of Rs.21,976/- by taking this as excess payment on the premise that petitioner was untrained teacher and therefore he was not entitled to be paid benefit of selection scale from the date of his initial appointment as untrained teacher. Such deductions were made when petitioner had already retired and prior to making such deduction, no notice was served to him. Petitioner has referred to the judgement dated 8.4.2003 passed by a single bench of this Court at Principal Seat, Jaipur in S.B. Civil Writ Petition No.4269/2002, Gordhan Prasad Joshi and nine other connected writ petitions. When pointedly asking, Ms. Priyanka Pareek, learned Deputy Government Counsel 2 for the respondents could not justify how the benefits once paid could have been withdrawn and that too after retirement and how any recovery was made without any notice to the petitioner. Not only this, it has not been shown whether petitioner had made any fraud or misrepresentation. This issue was set at rest in Smt. Pushplata Thada & 41 Ors. vs. State & Ors.- 2001 (2) WLC (Raj.) 560 in which this Court held similar action of the respondents as violative of principles of natural justice as it involves the basic rights and civil consequence. It was held that selection scale once granted could not have been withdrawn without issuance of show-cause notice and after providing opportunity of hearing. In the present case, the petitioner had already retired therefore there is no question of such benefits or making any recovery. In the result, this writ petition is allowed. The recovery of the sum of Rs.21,976/- made from the retiral benefits of the petitioner is held to be illegal and action of the respondents in reducing pension and other retiral benefits of the petitioner on the basis of withdrawal of the selection scale on that premise is also declared illegal in the light of the aforesaid division bench judgement. Petitioner is held entitled to refund of the 3 aforesaid amount and revision of his pension and other retiral benefits on the basis of selection scale already paid/received by him. The consequential benefits be paid to the petitioner together with interest @ 9% per annum in terms of Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996. Compliance of the judgement be made within a period of moths from the date copy of this judgement is produced before the respondents. A copy of this order be endorsed to the petitioner for information. (MOHAMMAD RAFIQ), J. RS/-