IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.2008 of 2010 1. Md.Sadruddin, S/O Late Abdur Rahim, R/O Moh.- Khajoorbanna, P.S.- Sultanganj, Town & Distt.- Patna…………………………….Appellant. Versus 1. The State of Bihar 2. The Commissioner, Patna Division, Patna 3. The District Magistrate, Patna 4. District Superintendent of Education, Patna 5. The Director, Primary Education, Govt. of Bihar, Patna 6. District Accounts Officer, Patna 7. Accountant General (A & E) II Bihar Birchand Patel Marg, Patna 8. The Commissioner-cum-Secretary, Primary and Adult Education, Govt. Of Bihar, Patna……………………………………………….Respondents ----------- 3. 23.11.2011 Heard learned counsel for the appellant and perused the order under appeal dated 25.02.2010 whereby C.W.J.C. No. 9115 of 2005 preferred by the appellant has been dismissed. We are in agreement with the views of the Writ Court that the authorities were rather lenient with the writ petitioner/appellant in not seeking recovery of the excess salary drawn by him when as Headmaster he was the Drawing and Disbursing Authority. The recovery is only with regard to excess provisional pension to the tune of about Rs. 60,000/- (sixty thousand) which has been adjusted from the commutation of pension on account of correction of the pay scale. The scrutiny of pay scale leading to a finding that appellant was drawing salary in higher pay scale than what was admissible took place only at the time of finalization of his pension 2 and pensionary benefits. We find no merit in this appeal. It is, accordingly, dismissed. Mkc/ (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)