- (1.) THE petitioner has filed this writ petition essentially against the order dated 21.07.2010 passed by the District Education Officer whereby the benefit of second selection grade granted to the petitioner was withdrawn and it is ordered that the excess amount paid to the petitioner on account of wrong fixation of his pay while granting him the benefit of second selection grade is liable to be recovered. In pursuance of the orders dated 21.07.2010 and 02.09.2010 passed by the District Education Officer, Jodhpur, a recovery of Rs.2,22,589/ - was effected from the gratuity payable to the petitioner and the amount of pension of the petitioner was fixed accordingly.
(2.) AFTER arguing the matter for some time, learned counsel for the petitioner has failed to convince this Court that grant of second selection grade to the petitioner was in accordance with law and the action of the District Education Officer of withdrawing the benefit of second selection grade vide orders dated 21.07.2010 and 02.09.2010 is not justified. At this stage, the learned counsel for the petitioner has fairly conceded that the second selection grade was wrongly granted to the petitioner, however, has argued that though the benefit of second selection grade was wrongly granted to the petitioner, the excess amount received by him due to grant of said benefit, cannot be recovered under any circumstance, as the petitioner has not obtained the said benefit by misrepresentation or fraud. The learned counsel for the petitioner has placed reliance upon the judgments of this Court rendered in case of Vijay Kumar Vs. State of Rajasthan & Ors. reported in 2010(1) WLN 254 (Raj.) and Goverdhan Lal Vs. State of Rajasthan & Ors. reported in 2004(1) WLC page 128.
(3.) LEARNED counsel for the petitioner has argued that the benefits of selection grade, once granted to an employee, cannot be withdrawn after a lapse of long time and the respondents were estopped from denying such benefits and the petitioner was entitled to the same benefit as already accrued in his favour.;