IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13118 of 2007 MOSTT.SUNAINA DEVI Versus THE STATE OF BIHAR & ORS. ----------- 3. 7.5.2008. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the instruction of the Senior Accounts Officer dated 4.4.2007, Annexure-2 whereunder directions have been made to recover a sum of Rs. 48,156/- paid as excess towards the gratuity of her husband with further instruction that the amount paid to her husband in lieu of passing of the Hindi Noting and Drafting Examination shall also be recovered as her husband had not passed such examination. 3. Counsel for the petitioner assails such instruction on the ground that from the letter of the Superintendent of Police, Hajipur dated 18.1.2008 itself it will appear that petitioner was only paid Rs. 3,49,000/- towards gratuity of her husband as such there is no question of any recovery of Rs. 48,156/- as excess payment. The amount of increment allowed in terms of passing of Hindi Noting and Drafting Examination also cannot be recovered from the family pension amount as such payments were made to the husband of the petitioner who died in harness and after his death such excess amount cannot be recovered from the family pension of the petitioner. Accordingly the Accountant-General is directed to re-consider his instructions contained in order dated 4.4.2007 in the light of the reply submitted by the Superintendent of Police, Hajipur contained in letter bearing No. 66 dated 19.1.2008, Annexure-1 to the counter affidavit filed on - 2 - behalf of respondent No.3 as early as possible, in any case, within a period of one month from the date of receipt/production of a copy of this order. If any other amount like leave encashment or arrears of G.P.F. is found due, petitioner is at liberty to represent before the Superintendent of Police, Hajipur who should pass appropriate order within another month from the date of receipt of the representation. 4. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha, J.)