IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2408 of 2001 MOST. DULARI DEVI Versus THE STATE OF BIHAR & ORS ----------- 3. 03.09.2008 Heard learned counsel for the petitioner and the State. The husband of the petitioner was appointed as Plant Protection Officer when his pay scale was enhanced and fixed at 296-460. An order of annulment to the enhanced pay scale was questioned by similarly situated persons. The High Court declined interference. The Supreme Court upheld the order of this Court, but simultaneously directed that no recovery should be effected. Following the same, a Bench of this Court in CWJC No.10089 of 1999 by order dated 13.07.2000 in context of another lady, presumably a widow like the petitioner, held that the question of recovery simply does not arise. Directions were, however, given to fix the pension on the appropriate pay scale. Notwithstanding the fact that the order of the Court is appended to the writ application, the respondents have filed a counter affidavit enclosing the order of the Supreme Court and yet mindlessly insist that the petitioner was required to deposit the excess payment made to her deceased husband. It is harassment only. This Court shall have serious reservation if such a notice can be issued for recovery of payments made in his life-time to one no more alive. Let the family pension of the petitioner be re-fixed in terms of the judgments of the Supreme Court with prospective effect from - 2 - the date of Judgments, but there shall be no recovery from her under any circumstance. Annexure-1 stands quashed. The writ application stand allowed. HR ( Navin Sinha )