BHUBARAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Despite service, no body has put in appearance on behalf of the respondents.

(2.) In brief, facts of the case are that the petitioner entered in the services of respondents as Lower Division clerk in the office of Collector, Sirohi on 05.12.1979. A requisite departmental examination was also qualified by him on 17.10.1982. The respondents allowed second selection grade to the petitioner as per the Government of Rajasthan notification dated 25.01.1992 w.e.f. 27.12.1997. The fixation of the petitioner's pay was also made in the month of April 1998. The Collector, Sirohi passed an order dated 18.10.2007 stating therein that the Directorate of Audit in its internal report pointed out that the selection grade was given to the petitioner from a wrong date and as such certain amount in excess was given to him. The Collector accordingly issued instructions to effect recovery of the amount said to be paid in excess. By this petition for writ, the petitioner is challenging the recovery sough to be made under order impugned dated 18.12.2007.

(3.) It is stated by learned counsel for the petitioner that the respondents allowed selection grades to the petitioner at their own and there was no mis-representation, concealment or fraud on part of the petitioner. If any amount in excess to the entitlement is received by the petitioner i.e. because of positive act on part of the respondents. As such, the recovery proposed is illegal.