JUDGMENT 1. - By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to grant him second selection grade in pursuance of the Circular dated 25.1.1992 and also seeks quashing of the order Annexure 2 dated 3.6.2004 issued by the respondent No. 3. 2. I have heard learned Counsel for the parties. 3. It is contended by the learned Counsel for the petitioner that the respondent State issued a Circular dated 25.1.1992, para 4 of which provides that the second selection grade, wherever admissible in terms of this Circular, shall be the pay scale of second promotional post available to that employee in the same service/cadre, provided that In case there is no second promotional post in the same service/cadre or the employee does not possess the requisite academic qualification prescribed for the promotion and in respect of isolated post, the second selection grade shall be the pay scale corresponding to the existing pay scale, i.e. the pay scale (pay scale of the post held or the selection scale) as specified in paragraph 5 and, therefore, the petitioner submits that the second selection grade admissible in terms of the Circular dated 25.1.1992 shall be the pay scale of next promotional post in the same service cadre. It is contended that the petitioner was granted the selection grade, but the respondent No. 3, without affording an opportunity of hearing, withdrew the same. 4. Learned Deputy Government Advocate appearing for the respondents submits that though the second selection grade was granted to the petitioner by the order dated 16.5.2003 (Annexure-1) on completion of 18 years' service but it was wrongly given to the petitioner in the pay scale of Rs. 5500-9000/- and, therefore, the respondent No. 3 issued the corrigendum on 2.6.2004 vide Annexure 2 cancelled the earlier order dated 20.3.2004 and sanctioned the regular annual grade increments to Head Constable general category, to which petitioner belongs in the pay scale of Rs. 4000-6000 by grant of annual grade increment from Rs. 4400/- to Rs. 4500/- with effect from 16.9.2002 and from Rs. 4500/- to Rs. 4600/- with effect from 16.9.2003. 5. 4000-6000 by grant of annual grade increment from Rs. 4400/- to Rs. 4500/- with effect from 16.9.2002 and from Rs. 4500/- to Rs. 4600/- with effect from 16.9.2003. 5. The earlier grant of second selection grade was under misconception to the extent that the petitioner was working on the post of General Constable and thereafter promoted to the post of Head Constable, whereas while granting the second selection grade vide order dated 16.5.2003 (Annexure 3), under misconception, it was assumed that the petitioner is holding the technical post and the benefit of second selection grade meant for the technical post was erroneously granted to the petitioner and noticing the mistake, the respondents realised the mistake committed vide order dated 16.5.2003 (Annexure 1) and withdrew the second selection grade and this fact has not been disputed by the petitioner that he was working as the Constable, which is a general post and not a technical post. The petitioner has failed to prove that he was engaged on a technical post. He was a general Constable and promoted to the post of Head Constable and, therefore, he is not entitled for grant of second selection grade and therefore, the respondents were justified in withholding the second selection grade. 6. In this view of the matter. I do not find any merit in the writ petition and it deserves to be dismissed. However, in pursuance of the granting the second selection grade, the petitioner was paid the salary of the second selection grade without there being any representation filed by the petitioner and, therefore, the respondents cannot be permitted to re cover the said amount even if wrongly paid to the petitioner for the period before passing of the order Annexure 2 dated 3.6.2004. 7. With these observations, the writ petition is dismissed. There shall be no order as to costs.Petition Dismissed. *******