IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1085 of 2005 The State Of Bihar & Ors . Versus Nurul Haque & Anr . ----------- 9. 17.10.2011 The present appeal has been filed against the order passed in C.W.J.C. no.10092 of 1999 wherein learned single Judge has allowed the writ petition filed by the respondent quashing the order at Annexure-1 dated 19.7.1999 where the State has chosen to recover the excess money paid. It has been contended before us by the learned counsel for the State that in the judgment of the Apex Court law has been laid down to the effect that if excess amount is paid to an employee because of wrong fixation of salary, the same cannot be directed to be recovered, if it is not a case of fraud or misrepresentation. Even this contention was raised before the Apex Court and the Apex Court held that the resolutions dated 20.2.1993 amending sub-clause(ii) of Clause 13 of the Resolution dated 16.9.1989 would apply for such date. However, in view of the law laid down by the Apex Court in the case of Syed Abdul Qadire and ors. Vs. State of Bihar reported in A.IR 2009 SCW 1871, we are of the opinion that this L.P.A. needs no interference. Accordingly, the L.P.A. Stands dismissed. Sudip ( T. Meena Kumari, J.) ( Vikash Jain, J. ) 2