Judgment 1. The petitioner prays for issuance of a writ in the nature of Certiorari, to quash the order passed by the second respondent vide Na.Ka.No.J8/ 42800/2007 dated 21.1.2008, ordering recovery from the petitioner in view of the audit objection. 2. The petitioner having qualification of graduation and B. Ed., was appointed as Secondary Grade teacher, though eligible for B.T. Assistant. 3. It was on the availability of vacancies, the petitioner was absorbed on the post of B.T. Assistant and granted pay scale of B.T. Assistant and paid salary for the post held by him. 4. Audit objection was raised with regard to grant of salary of B.T. Assistant to the petitioner, on the ground of ban of employment imposed by the State Government during the relevant period. In the audit objection, it is stated that it was not open to the respondents to appoint the petitioner as B.T. Assistant during the period of ban and that their appointment could be regularised only after the ban was lifted. Resultantly, recovery has been ordered from the petitioner of the salary paid as B.T. Assistant prior to lifting of ban. 5. It is not in dispute that before passing the impugned order, no notice was issued to the petitioner. Furthermore, there is no allegation of fraud or misrepresentation against the petitioner with respect to appointment as B.T. Assistant inspite of ban by the State Government. 6. It is also not disputed that the petitioner was appointed against available vacancy. 7. The impugned order merely on the basis of audit objection cannot be sustained in law, for the reason that order affecting the civil right of the petitioner has been passed without complying with the principle of natural justice. 8. Even otherwise, in absence of allegation of fraud or misrepresentation, it is not open to the respondents to effect recovery, even if it is taken to be wrongly paid for the sake of argument. The admitted facts in this case show that petitioner was rightly paid salary of B.T. Assistant for performing the duties of B.T. Assistant in pursuance to his absorption by the competent authority. Consequently, the writ petition is allowed. The impugned order is set aside. No cost.