Point of Law: An opportunity of hearing is must in compliance of principles of natural justice.

ORDER :

1. Lawyers are abstaining from work and are not appearing before the Court, thus, nobody has appeared on behalf of the respondents.

2. Since all these writ petitions arise out of the common impugned order dated 03.09.2021 and are having common question of law and similar facts, therefore, they are being heard and decided by this common order.

3. For proper adjudication of the case, the facts are being extracted from S.B. Civil Writ Petition No. 219/2023.

4. Brief facts of the case are that being eligible and having requisite qualification prescribed under Rule 11 and the Schedule attached to the Rajasthan Panchayat Samitis and Zila Parishad Rules, 1959, respondent-Smt. Nandbala Joshi was appointed on the post of Teacher Grade-III in the Education Department. Thereafter, the District Education Officer, Elementary Education, Dungarpur passed orders granting her I, II and III Selection Scales on completion of 9, 18 and 27 years of service respectively and also extended the benefit of fixation of pay under the provision of Rajasthan Civil Services (Revised Pay) Rules, 2017 as per recommendation of Seventh Pay Commission. Respondent-Smt. Nandbala Joshi was continuing to receive the benefits extended by the petitioners, however, all of a sudden, vide order dated 09.07.2018, the respondent No. 2-District Education Officer, Secondary Education instructed all the Heads of the offices to effect the recovery of the amount from the salary of the respondent which was paid to her on completion of 27 years of service and also to recover the monetary benefits extended to her by revision of pay under the Rules of 2017. Being aggrieved by the order dated 09.07.2018 passed by District Education Officer, Secondary Education, respondent-Smt. Nandbala Joshi preferred an appeal before the Rajasthan Civil Services Appellate Tribunal, Circuit Bench, Jodhpur (hereinafter referred to as ‘the Tribunal’). The Tribunal vide its order dated 03.09.2021, while relying on the various decisions of the Hon'ble Supreme Court and the High Court, allowed the appeal preferred by the respondent and set aside the order dated 09.07.2018 issued by the petitioner-State. Aggrieved by the order dated 03.09.2021, the petitioner-State has preferred these writ petitions.

5. Since the order dated 09.07.2018 was not on record, the same has been supplied by Shri Hemant Choudhary, learned Government counsel during the course of hearing. The same is taken on record.

6. Mr. Hemant Choudhary, learned counsel for the petitioners vehemently submits that the Tribunal has committed an error while allowing the appeals of the respondents vide order dated 03.09.2021. He further submits that the Tribunal has not considered the entire matter in the correct perspective. He also submits that the recovery has been effected in pursuance of the orders dated 29.06.2009 and 20.08.2010 passed by the Finance Department of the State Government. Learned counsel also submits that since the benefit of III Selection Scale was wrongly extended to the respondents, therefore, the payments made erroneously were sought to be recovered. He further submits that the State is well within its right to recover the payments made to its employee if the same is erroneously made, as an employee is not entitled to retain the payment which was otherwise not due to him. He submits that the order dated 09.07.2018 for recovery of the payment made to the respondents is just, proper and correct. Learned Government counsel, therefore, prays that the writ petitions may kindly be allowed and the order impugned dated 03.09.2021 passed by the learned Tribunal may be quashed and set aside.

7. I have considered the submissions made at the Bar and have gone through the pleadings as well as the order impugned dated 03.09.2021.

8. The grant of selection scales to the respondents on completion of 9, 18 and 27 years of their service has not been disputed. It is also an admitted position that the selection scales were granted to the respon