IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1568 of 2009 Raj Ranjan Prasad Sinha s/o Rajeshwar Prasad Sinha R/o village Basantpur Patti, P.S.-Saraiya, Distt-Muzaffarpur was working as Accounts Clerk, Planning and design Division no.-3, Ratwara, Dist- Muzaffarpur presently residing at-Mohalla-Imamganj, Majar gali, P.S. – Town, District-Muzaffarpur. …….Petitioner. Versus 1. The State of Bihar. 2. The Commissioner-Cum-Secretary, Department of Water Resources, Bihar, Patna. 3. The Commissioner-Cum-Secretary, Deptt. of Finance, Bihar, Patna. 4. The Commissioner, Tirhut Division, Muzaffarpur. 5. The Chief Engineer, Department of Water Resources, Kalambag Road, Muzaffarpur. 6. The Superintending Engineer, Deptt. of Water Resources Planning and Design Circle-Ratwara, Muzaffarpur. 7. The Executive Engineer, Planning and Design Division No.-3, Ratwara, Muzaffarpur. 8. The Accountant General, Bihar, Patna. …..Respondents. ----------- For the Petitioner : Mr. Manoj Kumar (Manoj), Adv. For the State : Mr. P.K. Singh, S.C.-21. Mr. J.P.Karn, AAG-9. ----------- 02. 03.02.2009 Heard learned counsel for the petitioner and learned counsel for the State. The main point raised on behalf of the petitioner is that by impugned orders contained in Annexures-11 & 11/A the respondents could not have ordered for recovery of money paid to the petitioner while he was in service on the ground that he was wrongly paid in higher scale to which he - 2 - was not entitled. This issue, as to whether recovery can be ordered against a retired employee on account of payment in wrong scale has already been settled by Full Bench Judgment of this Court in the case of Ram Binod Singh Vs. Bihar State Electricity Board, 2007 (3) PLJR 398. In that view of the matter, the writ petition is found to be without merit and is accordingly dismissed. Liberty is granted to petitioner to file representation before the concerned authorities in respect of his grievance that his prayer for commuted pension has not been allowed as yet and he is not being paid pension at present. If such representation is filed, the grievance of the petitioner shall be decided by the concerned authority within three months and if any of the claims is not accepted reasons in brief shall be communicated to the petitioner. He will be entitled to seek redressal against such rejection through appropriate proceeding in accordance with law. Vikash/- (Shiva Kirti Singh, J.)