Hon'ble Mr. Justice Dinesh Maheshwari - (1.) THE learned counsel for the parties submit ad idem that the issue involved herein stands covered by the order dated 08.02.2012 as passed in a batch of petitions led by CWP No. 3375/2011 : Bhanwar Lal Soni Vs. The State of Rajasthan & Ors. wherein a coordinate Bench of this Court has, inter alia, held as under: - In the light of aforesaid discussion, there is no illegality in the circular/order dated 2.2.2011 but default lies in regard to its implementation. The order dated 2.2.2011 is not applicable to erstwhile Teacher Gr. III drawn selection grade of Rs. 6500 -10500 and promoted to the post of Senior Teacher on or before 1.7.1989 and Teachers Gr. III, who have been given promotion to the post of Senior Teacher on or before 1.7.1988 and have completed 10 years of service have become entitled for the pay scale of Rs. 6500 -10500 and thereafter entitled to the benefit of third ACP having not given benefit of three financial up -gradation earlier and if benefit of third financial up -gradation was given then they were fixed in the pay scale of Rs. 7500 -12000. The other Teachers, who were initially appointed as Teacher Gr III and were not given benefits mentioned in para above, would be governed by the circular dated 2.2.2011. The respondents are directed to undertake necessary exercise in view of the clarification and directions given above. However, respondents are restrained to recover the amount paid to the petitioners even if it is found in excess to their entitlement as payment was not made to the petitioners on account of their misrepresentation or fraud but was at the instance of respondents themselves. Accordingly, the respondents are directed to carry out the directions and it goes without saying that while applying the revised Rules of 2008, Rule 6(2) would also be taken note of. With the aforesaid, all the writ petitions so as the stay applications are disposed of.
(2.) IN view of the above, this writ petition is partly allowed to the extent and in the manner indicated in the aforesaid order dated 08.02.2012 and in the same terms. No costs.;