IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12464 of 2004 Ram Pratap Narayan Prasad son of Late Dular Prasad, resident of Mohalla Postal Park, Road No. 1, P.S. Kankarbagh, District Patna Versus 1. The Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 2. The Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 3. Financial Controller, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 4. Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 5. Electrical Superintending Engineer, Ashok Rajpath, Patna 6. Electrical Executive Engineer, Electric Supply Division, Kankarbagh, Patna ----------- 05/ 15.09.2010 Heard learned counsel for the petitioner and the counsel for the Bihar State Electricity Board (hereinafter referred to as the Board). 2. Petitioner is aggrieved by the order of the Financial Controller of the Board dated 31.1.2004, Annexure-1, whereunder a sum of 93086.90 has been directed to be recovered from the gratuity payable to the petitioner on account of excess salary received by him. 3. It is submitted on behalf of the petitioner that payment of excess salary to him was not on account of any misrepresentation made by the petitioner, rather, it was on account of the mistake committed by the 2 authorities of the Board. In case excess payment was made to the petitioner on account of the mistake by the authorities of the Board, recovery should have been made from his salary before his retirement. Petitioner retired with effect from 31.1.2004, as has been stated in paragraph 4 of the writ petition. On the date of his retirement, impugned order, bearing Memo No. 162 dated 31.1.2004, Annexure-1 was passed directing for recovery of the excess amount of 93086.90 paid to him as salary. In support of the aforesaid submission, learned counsel for the petitioner has relied upon the judgment of the Hon’ble Supreme Court in the case of Syed Abdul Qadir & Ors. Vrs. State of Bihar & Ors, reported in 2009(2) PLJR 74(SC) and in the light of the direction of the Hon’ble Supreme Court not to recover the amount of excess salary paid to the employee on account of the mistake of the employer, I direct that amount of excess salary paid to the petitioner recovered in compliance of the order dated 31.1.2004, Annexure-1 from his gratuity amounting to 93086.90 be refunded to the petitioner, as early as possible, in any case within three months from the date of receipt/ production of a copy of this order before 3 the Financial Controller of the Board. 4. The writ application is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)