1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.3917/2008 Padam Singh Versus The State of Rajasthan and others Date of order ::: February 25,2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.D.K.Garg, for the petitioner Mr.L.N.Boss, Addl.Govt.Counsel BY THE COURT (1) With the consent of counsel for both the parties,arguments have been heard and the case is finally decided at admission stage. (2) The short controversy involved in the matter is the recovery of the amount of salary in pursuance to Annexure-5 and 7 on account of wrong stage of fixation in the same pay scale. (3) Submission of counsel for the petitioner is that there was no fault on the part of the petitioner while fixing his pay in the pay scale of Rs.1640-2900 on completion of 27 years' service on the post of Malaria Inspector. The said stage of pay was fixed by the respondent Department itself and subsequently corrected wherein there is no 2 fault of the petitioner. Counsel further submits that although this Court has passed interim order on 23.4.2008 staying operation of the orders dated 29.2.2008 (Anx.5) and 1.3.2008 (Anx.7) but by that time, the respondents had recovered the amount. (4) Counsel for the State submits that it is open to the State Government to recover the amount in case there is wrong fixation. (5) I have gone through record of the writ petition and further considered rival submissions of counsel for the parties. (6) I am of the view that the law on the question of recovery is settled to the effect that in case there is no misrepresentation or concealment of fact in the matter of pay scale and fixation on the part of the employee concerned, then the employer has right to correct the same but as regards recovery, the same is not to be effected unless an enquiry is conducted and some fault is found with the employee concerned. In the instant case, there is no fault on the part of the petitioner, therefore, recovery which has already been effected in pursuance to orders dated 3 29.2.2008 (Anx.5) and 1.3.2008 (Anx.7) is waived as the petitioner retired from service and the amount be refunded to the petitioner within a period of three months. (7) The writ petition is disposed of. (PREM SHANKER ASOPA) J. गोपाल