JUDGMENT 1. - By this petition for writ the petitioner has questioned the direction given by the Principal, Government Varishta Uppadhyaya Sanskrit School, Mogas, District Nagaur for recovery of amount said to be paid in excess. 2. The factual matrix necessary to be noticed is that the petitioner entered in the services of respondents being appointed as Teacher Gr.III on 30.3.1992. An increment was allowed to him on 3.4.1993 and his pay was further revised as per the recommendations made by Vth Pay Commission on 01.7.1998. The respondents also allowed selection grade to the petitioner on 3.4.1992. On introduction of revised pay-scale rules, the fixation of petitioner's pay was made under the statement of fixation of pay in the running pay band and grade pay prescribed by the Rajasthan Civil Services (Revised Pay) Rules, 2008. While making such fixation, the Head of Office made a remark that the pay during summer vacations was erroneously given to the petitioner, thus, the same is required to be recovered. 3. While challenging the remark aforesaid, the submission of learned counsel for the petitioner is that whatever amount was said to be paid in excess, was given at the behest of the respondents themselves, and not by any mis-representation on the part of petitioner, as such, no recovery thereof can be made. 4. No reply to the writ petition has been filed by the respondents. 5. From perusal of the statement of fixation of pay, which is available on record as Annex.P/5, it is apparent that while making fixation of the petitioner a remark was made for recovering the amount said to be paid in excess. The amount aforesaid pertains to salary for summer vacations and subsequent consequents. The petitioner never made any demand to get the wages for summer vacations. No misrepresentation was made by the petitioner. If the respondents at their own have granted wages to the petitioner beyond his entitlement, then that cannot be recovered at this stage. 6. The petition for writ, thus, requires acceptance. Accordingly, the writ petition is allowed. The recovery sought to be made from the petitioner is declared illegal and the respondents are restrained from affecting any such recovery. The respondents are further directed to release the arrears and other benefits for which the petitioner is entitled as per fixation of his pay in the revised pay scale.Petition Allowed. *******