JUDGMENT 1. - This petition for writ is preferred by the petitioner being aggrieved by the recovery of an amount in a tune of Rs. 59,400/- from his gratuity against the amount said to be paid in excess. The factual matrix necessary to be noticed is that the petitioner, a Teacher working with the respondents since 20.12.1980, received first selection grade as per the Government of Rajasthan notification dated 25.01.1992 and subsequent thereto, availed second selection grade in the year 2000 under an order dated 24.01.2002. Third selection grade was granted to him with effect from 20.12.2007 on completion of 27 years of service. On attaining the age of superannuation, the petitioner came to be retired from service on 30.04.2011. The respondents while making payment of retrial/pensionary benefits to the petitioner detained a sum of Rs. 59,400/- from his gratuity being said to be paid in excess. The amount aforesaid, as per the respondents, was paid in excess due to erroneous fixation of the petitioner's pay be granting him second selection grade with effect from 20.12.2000 instead of 20.12.2004. 2. While questioning correctness of the recovery said to be made, the submission of the learned counsel for the petitioner is that the selection grade was granted to the petitioner by respondents at their own and without there being any misrepresentation or mischief on his part. Thus, recovery of the same could not have been made. 3. Per contra, the stand of the respondents is that the first selection grade was given to the petitioner on 20.12.1994, therefore, he became entitled for getting the second selection grade as per the Government of Rajasthan's decision only in the year 2004, but due to some mistake, the same was allowed in the year 2000. The error taken place was bona fide one and therefore, the petitioner is liable to refund the amount said to be paid in excess. 4. Heard learned counsel for the parties. 5. The petitioner admittedly availed second selection grade in the year 2000 though his entitlement for availing such selection grade came into existence in the year 2004. However, the respondents at their own, may that be by mistake, allowed such selection grade to the petitioner in the year 2000, i.e. four years earlier than his entitlement. 5. The petitioner admittedly availed second selection grade in the year 2000 though his entitlement for availing such selection grade came into existence in the year 2004. However, the respondents at their own, may that be by mistake, allowed such selection grade to the petitioner in the year 2000, i.e. four years earlier than his entitlement. While availing the selection grade, no misrepresentation was made by the petitioner and if he has received some amount without misrepresentation or mischief on his part, then recovery of the same at the time of superannuation from the retrial benefits is highly unjust and therefore, the same is not permissible. Accordingly, this petition for writ succeeds and is hereby allowed. The recovery made by the respondents from gratuity of the petitioner is declared illegal. The respondents are directed to release the amount in a tune of Rs. 59,400/- to the petitioner within a period of one month from today. No order as to costs.Petition Allowed. *******