ORDER : The petitioner in this Writ Petition has sought for a direction by issuance of a writ in the nature of mandamus directing respondents No.1 to 3 and 5 not to deduct any amount and refund of the recovered amount of Rs.2,40,000/-with interest from October 2013. 2. Brief facts leading to the present petition are:- The petitioner who is a qualified Diploma Holder in Horticulture and qualified in terms of the Cadre and Recruitment Rules for the appointment of Craft Teacher Grade-I was selected and appointed on 1.8.1987 as a Craft Teacher by the fourth respondent institution. Subsequent to the appointment of the petitioner, the fifth respondent institution in which the petitioner was posted to work was admitted to grant-in-aid by an order of the Government dated 17.8.1989. It transpires that on 19.2.2000 it issued a clarification that Craft Teachers were required to be paid respective pay-scales qua qualification they possess. Accordingly, the petitioner was paid the pay-scale attached to Craft Teacher Grade-I in the light of the Cadre and Recruitment Rules obtaining at the relevant point of time which prescribed a qualification of SSLC for appointment to the post of Craft Teacher Grade-I. 3. On 25.5.2013, on an audit objection, the amount that was paid to the petitioner as salary for Craft Teacher Grade-I was sought to be recovered. This was challenged by the petitioner before this court in W.P.No. 25962/2013 which was allowed by this court setting aside the order directing recovery of Rs.5,90,555/-by following order : ORDER “Heard. Learned High Court Government Pleader submits that the impugned order dated 25.05.2013 (Annexure-K) passed by respondent No.3 is without jurisdiction and the appropriate authority to examine as to whether the petitioner is entitled for promotion from Craft Teacher Grade-II to Craft Teacher Grade-I is the Secretary, department of Primary & Secondary Education. Her submission is placed on record. In view of the aforesaid submission, the impugned order at annexure K is set-aside. The matter is remitted to the Secretary, department of Primary and Secondary Education, for reconsideration in accordance with law. I.A.No.2/2013 filed for early hearing does not survive for consideration; it stands disposed of accordingly.” This court had directed appropriate action to be taken against the petitioner for recovery by an appropriate authority as this court had noticed that the authority who had passed the order directing recovery had no jurisdiction to do so. 4. I.A.No.2/2013 filed for early hearing does not survive for consideration; it stands disposed of accordingly.” This court had directed appropriate action to be taken against the petitioner for recovery by an appropriate authority as this court had noticed that the authority who had passed the order directing recovery had no jurisdiction to do so. 4. It is after this, the proceedings were taken up and recovery of Rs.2,40,000/-is made in a staggered manner from out of the monthly salary payable to the petitioner at Rs.10,000/-per month. The petitioner submits that the order directing recovery of salary was never served on him. It is in that light he has filed the present Writ Petition seeking refund of the recovery that is made from the salary of the petitioner. 5. Heard Sri.Manjunatha Rao Bhonsle, learned counsel appearing for the petitioner and Smt. M.C.Nagashree, learned AGA, appearing for respondents No. 1 to 3. 6. Learned counsel Sri.Manjunatha Rao Bhonsle for the petitioner submits that in terms of the recruitment rules obtaining for appointment to Craft Teacher Grade-I, the petitioner is entitled to the post of Craft Teacher Grade-I as he has qualified SSLC with Diploma. He is qualified to be appointed as Craft Teacher and re-fixation of his salary and consequent recovery were all contrary to law and would submit that recovery in any case cannot be made. 7. On the other hand, the learned AGA Smt. M.C.Nagashree would submit that the petitioner was not qualified to be appointed as Craft Teacher Grade-I, the act of fourth and fifth respondents in paying the pay-scale of Craft Teacher Grade-I was objected to by the audit and it is consequent to the audit objection, recovery was sought to be made and re-fixation in the case of the petitioner was done. 8. I have given my anxious consideration to the submissions made by the respective counsel. Petitioner was appointed as a Craft Teacher pursuant to selection process by the fourth and fifth respondents. The Karnataka Education Department Services (Department of Public Instruction) (Recruitment) Rules, 1967 in so far as it concerns the appointment of Craft Teachers reads as follows :73. 8. I have given my anxious consideration to the submissions made by the respective counsel. Petitioner was appointed as a Craft Teacher pursuant to selection process by the fourth and fifth respondents. The Karnataka Education Department Services (Department of Public Instruction) (Recruitment) Rules, 1967 in so far as it concerns the appointment of Craft Teachers reads as follows :73. Craft Teacher’s Cadre (Grade­ I)-Commerce Instructor, Sewing Mistress, Wood Craft Instructor, Craft Teachers’ and Craft Instructors in Training Schools, Agriculture and Cotton Craft Masters in Training Institutions, Senior Teachers in Schools for Deaf and Blind, Vocational Teachers, Blacksmith, Fitter, Workshop Assistants, Wood Work Instructors, Card Board Craft instructor, Sericulture Craft Instructor, Horticulture, Spinning and Weaving including Cotton Craft, Tailoring Instructor, Carpentry Instructor, Wood Carving Instructor, Needlework and Embroidery, Book Binding, Printing, Dramatics Instructor, Cotton Craft Instructor, Smithy Instructor. 50 per cent by promotion of qualified Craft Teachers (Grade-II) [Craft Teachers (Grade-II) (Ex-Municipal High Schools) and Craft Teachers (Grade-II) (Ex-Taluk Development Board and Ex- Town Panchayat Committee High Schools)] and Primary School Assistants on the basis of seniority-cum- merit; 50 percent by direct recruitment. For Direct Recruitment- SSLC with diploma or Certificate in the Craft subject concerned awarded by the State Government or an equivalent recognized qualification. Note- preference will be given to Diploma holders. Probation-Two years. [maximum age 35 years for Scheduled Castes, Scheduled Tribes and Backward Tribes and for persons who had served as Part-time Teachers continuously for not less than one year 33 years for Backward Castes and Backward Communities and 30 years for others] For Promotion- Qualification and Experience- same as for direct recruitment. 74. Craft Teacher’s Cadre, (Grade II)-Special teachers for Schools for Deaf and Blind, Workshop Mechanic, Weaving Instructor, Industrial Instructors, Craft Assistants, Film Operator, Clay Modelling Instructor, Practical Instruction Teachers, Manual Labour Instructors, Vocational Teachers, Craft Teachers, Special Subject Teachers, Tailoring Instructors, Book-binding and Printing Instructors, Coir Work Instructors, Flower Making Instructors Bee-keeping Instructors, Domestic Science Instructors, Home Science Teachers, Laundry Instructors and Fisheries Instructors. By Direct Recruitment. For Direct Recruitment-A pass in the old VIII Standard or New VII Standard and a Certificate in the Craft subject concerned awarded by the State Government or an equivalent recognized qualification. Maximum Age­35 years for Scheduled Castes, Scheduled Tribes and Backward Tribes and for persons who had served a Part-time. Teachers continuously for not less than one year. For Direct Recruitment-A pass in the old VIII Standard or New VII Standard and a Certificate in the Craft subject concerned awarded by the State Government or an equivalent recognized qualification. Maximum Age­35 years for Scheduled Castes, Scheduled Tribes and Backward Tribes and for persons who had served a Part-time. Teachers continuously for not less than one year. 33 years for Backward Castes and Backward Communities and 30 years for others.] Probation.-Two years. 9. In terms of the afore-extracted rules, Craft Teacher Grade-I should possess the qualification of SSLC with Diploma or Certificate in the craft subject concerned awarded by the Stage Government and for Craft Teacher Grade-II one has to have passed VIII Standard with a Certificate in the Craft subject. The petitioner is an SSLC with Diploma is not in dispute and it is the qualification that is prescribed in the recruitment rules for appointment to the post of Craft Teacher is also not in dispute. The petitioner has a Diploma in discipline of Horticulture. The Finance Department of the State Government directed on 10.2.2012 that teachers working in Craft subject in aided institutions should be granted pay-scale qua their qualification. It is in that light the order was passed directing that the petitioner was entitled to the pay-scale from 17.8.1989, i.e., the date on which the institution was admitted to grant-in-aid. The order granting pay-scale to the petitioner as obtaining for Craft Teacher Grade-I was passed on 6.2.2012. 10. The audit objection came out on 25.5.2013 which resulted in recovery of Rs.5,90,555/-which was the amount that was granted in lumpsum as arrears from 17.8.1989 up to the date it was granted. This order was called in question by the petitioner before this court and this court had allowed the Writ Petition supra after which there is no order passed by the Government directing recovery to be made against the petitioner for having received salary in excess of his entitlement as directed by this court. 11. Annexure-R1 is produced by the State in justification of recovery of the amount of Rs.2,40,000/-from the salary of the petitioner. The justification given by the Government for recovering the amount of Rs.2,40,000/-is hardly satisfactory as this court had directed that an order to be passed against the petitioner after determining whether he is Craft Teacher Grade-I or Craft Teacher Grade-II and then initiate recovery. The justification given by the Government for recovering the amount of Rs.2,40,000/-is hardly satisfactory as this court had directed that an order to be passed against the petitioner after determining whether he is Craft Teacher Grade-I or Craft Teacher Grade-II and then initiate recovery. Such order is not passed by the Government and without passing such an order, the recovery of Rs.10,000/-per month has been initiated by the Government against the petitioner. Therefore, the action of directing recovery of Rs.10,000/-per month from the salary of the petitioner is without authority of law, more so in the light of the fact that the Apex Court in the case of State of Punjab and Others vs. Rafiq Masih (White Washer) and Others [ (2015) 4 SCC 334 ] directed that recovery of salary should not be made against the persons who have been granted such salary prior to five years of the passing of the order. The action of respondents in recovering the amount is untenable. Therefore, the following: ORDER (i) Writ Petition is allowed in part. (ii) Respondents 1 to 3 and 5 are directed to refund the amount of Rs.2,40,000/-to the petitioner within three months from the date of receipt of a copy of this order. (iii) Respondents 1 to 3 and 5 are also directed to consider whether the petitioner would be Craft Teacher Grade-I or Craft Teacher Grade-II and fix the appropriate salary obtaining to such post, within three months from the date of receipt of a copy of this order.