Sunil Kumar Garg, J.-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. The facts of the case as put forward by the petitioner are as under:

(i) That the petitioner’s first appointment was made on 9.55 as a third grade teacher in the Education Department. Government of Rajasthan in the substantive capacity.

(ii) That the petitioner was fixed in the second grade as soon as he passed his graduation and the seniority was allotted to him in the second grade with effect from 7.64.

(iii) That the p