[2026:RJ-JP:1527]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1908/2002 Birdhi Chand S/o Shri Mangi Lal, aged about 44 years, R/o Gopal Colony, Manglore Road, Baran.

----Petitioner Versus

1. State of Rajasthan through the Registrar, Revenue Board, Rajasthan, Ajmer.

2. The Rajasthan Civil Services Appellate, Tribunal, Jaipur through its Registrar.

----Respondents For Petitioner(s) : None Present For Respondent(s) : Mr. Umesh Choudhary, Adv. for Mr. V. D. Gathala, AGC HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

15/01/2026

1. Petitioner has filed the instant writ petition against the order dated 08.10.2001 passed by Rajasthan Civil Services Appellate Tribunal, Rajasthan-Jaipur, whereby appeal filed by the petitioner against recovery of excess amount paid to him pursuant to grant of selection grade while calculating his services from the date of first appointment, has been dismissed.

2. It is stated in the writ petition that the petitioner was initially appointed as Patwari on 16.10.1976 in the pay scale prevailing at the relevant time for the post of Patwari. The State Government issued one circular/order dated 25.01.1992 in order to provide benefit of selection grade for removing the frustration of stagnation among the employees, whereby on completion of

9/18/27 years of service, any employee holding the post in regular service of Class-IV/Subordinate/Ministerial Services would be entitled for first/second/third selection grade as the case may be. It is stated that pursuant to aforesaid notification, selection grade was granted to the petitioner vide order dated 03.01.1998, however, merely on the basis of an audit objection and without issuing any revise order for withdrawing the benefit of selection grade, vide letter/order dated 04.11.1999, excess amount of Rs.24823/- was directed to be re-deposited. Feeling aggrieved, the petitioner filed appeal before the Rajasthan Civil Services Appellate Tribunal, which has been dismissed vide order dated 08.10.2001. In the writ petition, order passed by learned Tribunal has been assailed on the ground that the benefit was granted to the petitioner rightly from the date of appointment, however, only on the basis of objection raised by audit party it could not have been withdrawn.

3. While submitting reply to the writ petition, respondent- State has opposed the writ petition and submitted that para 3 of circular dated 25.01.1992 was quite clear, where benefit of selection grade was to be granted for regular services. In the instant case, petitioner was initially appointed on temporary/ ad-hoc basis subject to passing of proficiency test/acquiring patwar training certificate. On possessing the requisite qualification/training certificate his services were regularized w.e.f. 04.01.1979, however, on account of bona fide error, earlier benefit of selection grade was granted to the petitioner by computing his services from the date of first appointment and such mistake was pointed out during audit and, therefore, order of recovery dated

04.11.1999 was rightly issued. Learned counsel for the respondents has placed reliance upon the judgment of Hon’ble Supreme Court in the case of Chandi Prasad Uniyal Vs. State of Uttrakhand & Ors. reported in 2012 (8) SCC 417, in order to press his submission that as and when any mistake with regard to wrong fixation is pointed out, the State Government is well within its right to rectify the mistake and to make pay fixation of the concerned employee in the right pay scale from the date of his entitlement.

4. No one is present on behalf of the petitioner.

5. Heard learned counsel for the respondents and perused the record.

6. It is not a matter of dispute that in case any wrong pay fixation has been made by the Government, the Government has right to rectify the same after following due procedure of law. In the instant case, there are no allegations against the petitioner that on account of his misrepresentation or fraud, selection grade