NARAIN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the respondents with a prayer that by an appropriate writ, order or direction, the respondents be restrained from effecting any recovery mentioned in the Audit Report (Annex. 3) to the tune of Rs. 19,000/- and further they may be directed to make payment of difference of pay between first grade and Second grade teacher treating the petitioner to be holding the post of Teacher 1st Grade from Nov. , 1979.

(2.) IT may be stated here that in this writ petition, the learned counsel for the petitioner has confined his argument to the recovery of amount as mentioned in Audit Report (Annex. 3) and he does not want to press other arguments.

(3.) THERE is no dispute on the point that the petitioner has now retired from the service in the year 1994. THERE is also no dispute on the point that whatever benefit were given to the petitioner, they were given by the respondents and mistake if any was committed, it was committed by the respondents and not by the petitioner.