IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.99 of 2008 SHRI VISHUNDEO KAMTI, SON OF LATE DAHAUR KAMTI, RESIDENT OF VILLAGE BIRPUR(DEORHI), P.O. HASANPUR SUGAR MILL, P.S. HASANPUR, DISTT. SAMASTIPUR. Versus 1. STATE OF BIHAR 2. DISTRICT SUPERINTENDENT OF EDUCATION, AT & P.O., P.S. AND DISTT. SAMASTIPUR. 3. HEADMASTER, MIDDLE SCHOOL, KORBADHA, DISTT. SAMASTIPUR. 4. DISTRICT ACCOUNTS OFFICER(ZILLA LEKHA PADADHIKARI), AT & P.O., P.S. AND DISTT. SAMASTIPUR. 5. ACCOUNTANT GENERAL, BIHAR, PATNA. ----------- 03. 03.03.2010 Having heard counsel for the petitioner and the State, order dated 11.3.2008 disposing of C.W.J.C. No.7229 of 2002 is recalled and the writ application is taken up for admission. 2. Petitioner superannuated while serving as Headmaster Middle School, Korbadha, Samastipur is aggrieved by the office order dated 21.5.2002, Annexure-10 whereunder the District Superintendent of Education, Samastipur has directed for recovery of Rs.48,596/- from the retiral dues of the petitioner as he was allowed three increments in the scale of Rs.1400- 2600/- contrary to the instructions of the State Government contained in resolution No.6022 dated 18.12.1989. Counsel for the petitioner assails the aforesaid office order on the ground that the resolution of the State Government dated 18.12.1989 referred to in the impugned order was subsequently modified by the Finance Department of the Government under resolution No.92(F) dated 20.2.1993, Annexure-3 to this application and in the light of the subsequent modification of the earlier resolution the recovery ordered under the impugned order dated 21.5.2002, 2 Annexure-10 is not in accordance with law. 3. Aforesaid submission is being refuted by the counsel for the State. According to him the modification of the resolution has nothing to do with the grant of increments to the petitioner. 4. Without going into the correctness or otherwise of the submission raised by the counsel for the petitioner and the State, I direct the petitioner to assail the office order dated 21.5.2002, Annexure-10 by filing representation before the Director, Primary Education, Bihar on the ground noted above as also reiterated by this Court under different orders dated 29.10.1999, 22.9.1999, 30.7.2001, 15.10.2001 as contained in Annexures-4 to 7 as also orders dated 25.1.2008 passed in C.W.J.C. No.7897 of 2008. If the Director is satisfied that the earlier resolution of the Finance Department dated 18.12.1989 has been modified under resolution date 20.2.1993, Annexure-3 and petitioner is entitled to grant of three increments, appropriate orders in accordance with law modifying the order dated 21.5.2002, Annexure-10 be passed as early as possible, in any case, within four weeks from the date of receipt of the representation of the petitioner along with a copy of this order before the Director. Both the review application and the writ application are, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.) 3