IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4369 of 1997 Shahid Mujtaba, son of Sri Hasan Mujtaba, Assistant Teacher in Govt. Middle School, Sahebganj, P.S. Sahebganj, Distt. Muzaffarpur. -------- Petitioner Versus 1. The State of Bihar. 2. The Dist. Education Establishment Committee through its Chariman i.e. Dist. Magistrate, Muzaffarpur. 3. The Dist. Supdt. of Education, Muzaffarpur. -------- Respondents ----------- 8 19.7.2011 Mr. Tej Bahadur Singh, learned senior counsel for the petitioner, having kept in mind that the issue raised in this writ application stands almost settled in view of the judgment of the Full Bench in the case of Ram Nath Prasad Singh Vs. The State of Bihar & Ors. reported in 2009(3)PLJR 384, would submit that the petitioner at best now under the changed scenario could claim reconsideration of his case by way of his being placed at appropriate place in the fresh gradation list as per the direction of the Full Bench in the case of Ram Nath Prasad Singh (supra). This Court would accordingly dispose of this writ application by giving liberty to the petitioner to approach the District Education Establishment Committee for ventilating his grievance for inclusion of 2 his name at appropriate place in the fresh gradation list. As with regard to the order of recovery of excess amount, the authorities will reconsider the issue in the light of the fact that whether such excess amount was paid to the petitioner despite his being not entitled to receive the same, on account of any fraud or misrepresentation on his part or only due to lapse or negligence on the part of the authorities. As the order of recovery was stayed by this Court, the respondents would now be at liberty to take a fresh decision after considering the case of the petitioner in accordance with law. With the aforementioned observations and liberty, this application is disposed of. Rsh (Mihir Kumar Jha, J.)