IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4936 of 2009 UPENDRA TIWARI Versus THE BIHAR STATE ELECTRICITY BOARD & ORS ----------- 2/ 20/04/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 7.3.2007 directing recovery of alleged excess payment of Rs.98, 976/- from his salary at the rate of Rs.2000/- per month effective from February, 2009. Learned counsel for the petitioner submits that the petitioner never even made an application for grant of selection grade. After grant of selection grade to him, the same has been withdrawn by the impugned order without a show cause notice. Learned counsel for the respondent Board has no objection to the disposal of this writ application in terms of an order of this Court in C.W.J.C. No.8788/2000 at annexure-3. This writ application is disposed of in like terms as directed therein as quoted below:- “ Accordingly, the writ petition is allowed to the above extent and the orders passed for recovery of alleged excess payment are quashed. However, it is made 2 clear that the Board will continue to pay them the salary which has been refixed after cancellation of upgradation but the same shall be subject to the petitioners’ moving the appropriate forum and getting relief against the impugned order of cancellation.” KC (Navin Sinha, J.)