JUDGMENT : Sangeet Lodha, J. By way of this writ petition, the petitioner, who has retired from the service of respondents on attaining the age of superannuation, has questioned action of the respondents in withdrawing the pay scale of Rs.7500-12000 granted to her vide order dated 6.9.04 retrospectively. 2. The relevant facts in nutshell are that the petitioner was appointed on the post of Assistant Teacher (Gr.III) in the regular pay scale of Rs.110-230 vide order dated 30.9.75 and pursuant thereto she joined duties on 4.10.75. Thereafter, vide order dated 30.9.78, she was promoted on the post of Teacher Gr.II in the pay scale of Rs.450-770. Later, vide order dated 2.9.84, the petitioner was promoted on the post of Senior Teacher (General) Gr.II under Rule 30 of the Rajasthan Education Subordinate Service Rules, 1971. 3. The State Government issued an order dated 25.1.92 providing for grant of first, second and third selection grades to the employees holding the post of Class IV, Subordinate and Ministerial Service and other isolated posts on completion of 9, 18 & 27 years of service respectively. Accordingly, vide order dated 20.11.93, the petitioner was granted second selection grade on completion of 18 years of service and was fixed in the pay scale of Rs.2000-3200 w.e.f. 4.10.93. 4. Thereafter, on the basis of the seniority, the petitioner was further promoted to the post of School Lecturer (History) in existing pay scale vide dated 8.11.2000 as stop gap arrangement. 5. The State Government took yet another policy decision and introduced the benefit of Senior Scale/Selection Scale to the Teachers and accordingly, issued order dated 17.2.98 providing Senior Scale and Selection Scale for Teachers on completion of 8 and 10 years of services respectively. 6. On the recommendations of Fifth Pay Commission, the State Government framed Rajasthan Civil Service (Revised Pay Scale) Rules, 1998 ('the Rules of 1998'), whereby the pay scale of Teacher Gr. II was revised from Rs.1400-2600 to Rs.5500-9000 and pay scale of Rs.2000-3500 admissible to Head Master and School Lecturer was replaced by pay scale of Rs.6500-10500. 7. On completion of 18 years of service on the post of Senior Teacher in terms of Government order dated 6.8.04, the petitioner was granted the benefit of selection scale in the pay scale of Rs.7500-250-12000 w.e.f. 4.10.01 and was also extended benefits of Rule 26A of the Rajasthan Service Rules, 1951. 8. 7. On completion of 18 years of service on the post of Senior Teacher in terms of Government order dated 6.8.04, the petitioner was granted the benefit of selection scale in the pay scale of Rs.7500-250-12000 w.e.f. 4.10.01 and was also extended benefits of Rule 26A of the Rajasthan Service Rules, 1951. 8. The petitioner retired from service on attaining the age of superannuation w.e.f. 30.4.09. Thereafter, on the basis of the order dated 27.2.06 promoting the petitioner to the post of Lecturer (History), her fixation was made in the pay scale of Rs.6500-10500 and the excess salary paid to the petitioner for the period from 4.10.01 to 30.4.09 pursuant to grant of selection scale in pay scale Rs.7500-250-12000 w.e.f. 4.10.01, was directed to be recovered and accordingly, a sum of Rs.2,00,000/- was recovered from the petitioner's retiral benefits. Hence, this petition. 9. Learned counsel appearing for the petitioner contended that the selection scale granted to the petitioner was withdrawn retrospectively without giving her an opportunity of hearing. Learned counsel submitted that on completion of 18 years of service as Senior Teacher, the petitioner was entitled to be fixed in selection scale of Rs.7500-12000. Learned counsel submitted that on account of the petitioner accepting the promotion on the post of School Lecturer, cannot be put to disadvantageous position. Learned counsel submitted that as a matter of fact, controversy raised stands set at rest by this court vide judgment dated 10.9.13 passed in the matter of "Prem Chand Gokhroo v. State of Rajasthan and Ors." (S.B.C. Writ Petition No. 5063/12). 10. On the other hand, the counsel appearing for the respondents submitted that since the petitioner was promoted pursuant to the recommendations of DPC on the post of School Lecturer against the vacancies of the year 2000-01, she has rightly been fixed in the regular pay scale admissible to the said post i.e. 6500-10500. Learned counsel submitted that in view of the promotion of the petitioner on the post of School Lecturer against the vacancies of the year 2000-01, the selection grade granted to the petitioner in the pay scale of Rs.7500-12000 has rightly been withdrawn. 11. Learned counsel submitted that in view of the promotion of the petitioner on the post of School Lecturer against the vacancies of the year 2000-01, the selection grade granted to the petitioner in the pay scale of Rs.7500-12000 has rightly been withdrawn. 11. Indisputably, had the petitioner been not promoted to the post of School Lecturer, as Senior Teacher, she was entitled to the benefit of senior scale and selection scale on completion of ten years and eight years of service respectively and accordingly, she was extended the benefits of selection scale on completion of 18 years of service as Senior Teacher vide order dated 6.9.04. In the considered opinion of this court, on account of promotion being accorded to the petitioner on the post of School Lecturer, she cannot be put to disadvantageous position qua her juniors, who have been extended similar benefits of Selection Scale on completion of 18 years of service as Senior Teacher. Thus, the action of the respondents in withdrawing the selection scale granted to the petitioner is ex facie illegal and arbitrary. 12. In the result, the petition succeeds, it is hereby allowed. The selection scale granted to the petitioner in the pay scale of Rs.7500-12000 vide order dated 6.9.04 shall stand restored. The amount recovered from the retiral dues of the petitioner on account of withdrawal of the selection scale shall be refunded to her with interest @ 9%. per annum. As a result of the restoration of the selection scale, the petitioner shall be entitled for consequential benefits. No order as to costs. Writ Petition allowed.