1 SB Civil Writ Petition No.1397/2009 Vijay Kumar. vs. State of Raj. & Ors. S.B. Civil Writ Petition No.1397/2009 Vijay Kumar. vs. State of Rajasthan and others. Date : 1.5.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.BP Rajpurohit, for the petitioner. None present for the respondents. - - - - - Heard learned counsel for the petitioner as nobody appeared on behalf of the respondents. Learned counsel for the petitioner submits that the petitioner was initially appointed as Teacher Grade-III on 6.12.1975 and prior to his promotion to the post of Teacher Grade-II, as per the Government order dated 23.1.1985 and revised orders dated 15.3.1985, 16.4.1985 and 23.9.1989, the petitioner was given the benefit of selection grade on completion of 15 years of satisfactory service vide order dated 5.9.1991 and the petitioner's pay was fixed in the pay scale of 2 SB Civil Writ Petition No.1397/2009 Vijay Kumar. vs. State of Raj. & Ors. Rs.1400-2600 (Annex.1). The petitioner was thereafter given benefit of second selection grade on completion of 18 years of satisfactory service vide order dated 13.12.1993 passed by the respondent no.2 and he was given pay scale of Rs.2000-3200 with effect from 6.12.1993. Thereafter, as per the recommendation of Fifth Pay Commission, the petitioner's fixation was made in the pay scale of Rs.6500-10000 w.e.f. 1.4.1998 (Annex.3). Rajasthan Civil Services (Revised Pay Scale) Rules, 1998 made provision so as to deny certain benefits to the petitioner and said issue was considered by the Division Bench of this Court in the case of State of Rajasthan vs. Ramniwas Porwal reported in 2008 (2) RLW 1270 and this court held as under :- “(43). But those who have been promoted as Senior Teachers drawing their pay in Second Selection Grade of 6500-10500 will not be eligible for this pay protection because even under the Rules of 1998 as initially exist, they were to 3 SB Civil Writ Petition No.1397/2009 Vijay Kumar. vs. State of Raj. & Ors. be promoted to Senior Scale, which was Rs.5500-9000 only. But because of lacuna in the Rules originally enacted, not providing any specific provision, their fixation has been wrongly made by considering all Senior Teachers to be of the same category. The initial fixation in higher pay-scale being without any mistake on their part, until Notification of amendment, the resultant recoveries of excess amount paid to them has been waived.” In view of the above, following the Division bench judgment referred above, the present writ petition is allowed and it is held that the respondents shall not be entitled to recover the amount paid to the petitioner in the light of the Division bench judgment referred above. (PRAKASH TATIA), J. S.Phophaliya