ALOK SHARMA,J. - (1.) Counsel for the petitioner has limited the challenge in this writ petition to recovery order dated 5-10-2014, consequent to order dated 15-9-2014, and has abandoned the challenge to her revised pay fixation.
(2.) A teacher Grade-II at the relevant time at the Government Girls Senior Secondary School Gangapole Jaipur, the petitioner filed Writ petition SBCWP No.4610/1997, titled Sushri Raj Srivastava v. State of Rajasthan. Vide order dated 22-8-1997 , the petition was allowed and the respondent State directed to sanction in favour of the petitioner selection grade on completion of 9-18-27 years of service from the date of initial appointment i.e. 29-11-1975. Resultantly the District Education Officer vide order dated 20-7-2001 granted benefits of selection grade/s to the petitioner from the date of her initial appointment i.e. 29-11-1975. The petitioner was also granted and availed ACP of 9300-34800 with grade pay 4800 with effect from 29-11-2006 with reckoning the period of her service with reference to her initial appointment on 29-11-1975. The petitioner pursuant to order dated 21-9-2010 had been receiving selection scale with ACP since 29-11-2006.
(3.) Vide order dated 15-9-2014 the Director Secondary Education Rajasthan Bikaner held that as the petitioner was an untrained teacher, she was entitled in terms of the Government's circulars to benefits of selection scale only following ten years after her initial appointment i.e. from 29-11-1985. Resultantly the amount earlier paid to the petitioner conferring benefits of selection scale with reference to her initial date of appointment i.e. 29-11-1975 was reworked and it was found that an amount of Rs.1,40,139/- had been over paid to the petitioner in the interregnum. Thereafter vide order dated 7-5-2015 the recoverable amount was reduced to Rs.80,777/-. In the meantime the petitioner superannuated from the post of Teacher Grade-II on 31-12-2014. Hence this petition.;