IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7117 OF 2005 SHAMSHAD ALI, SON OF LATE HAFIZ ANWARUL HAQUE, RESIDENT OF VILLAGE RAMPUR BHAISAHI, POST OFFICE MATEYAN KHAS, POLICE STATION KUCHAIKOTE, DISTRICT GOPALGANJ. AT PRESENT, POSTED AS AN ASSISTANT TEACHER, IBRAHIM MEMORIAL HIGH SCHOOL, SASA MOOSA, DISTRICT GOPALGANJ ………………………………………….PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 3. THE DIRCTOR, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 4. THE REGIONAL DEPUTY DIRECTOR, SARAN, CHAPRA 5. THE DISTRICT EDUCATION OFFICER, GOPALGANJ, DISTRICT GOPALGANJ ………………………………………………………………………….RESPONDENTS ********* 5 14/03/2011 The petitioner was granted the pay scale of Post-Graduate Trained scale in the year 1977, which was subsequently withdrawn on 31.03.1981 on the ground that he was not entitled for the said scale. It is an admitted fact that the petitioner has not filed any representation or made any application for grant of the said pay scale and it was suo motto allowed by the District Superintendent of Education. The petitioner had moved this Court in the year 1984 by filing CWJC No. 3067 of 1984. He was permitted to withdraw the writ application with the observation that he could pursue the remedy departmentally or by way of filing an application before the Bihar Administrative Tribunal. By the impugned order as contained in Annexure-6, the representation filed on behalf of the petitioner has been rejected on the ground that the 2 petitioner had earlier withdrawn the writ application. Learned Counsel for the State submits that the representation was filed after a delay. In reply thereto, the petitioner submits that he had filed several representations and the last one filed in the year 2004 has only been taken into consideration by the authorities concerned. The reason for rejecting the claim of the petitioner cannot be justified as the authorities have misinterpreted the orders of this Court. The petitioner has retired and in fact there has been no deduction of the pay scale. At the same time, it is also admitted that the petitioner would be entitled to the Time-Bound Promotion and for grant of scale of Senior Selection Grade as per the rules. In the circumstances, this Court find that since there was no fraud or misrepresentation on behalf of the petitioner, the order making recovery from the salary/pension of the petitioner is not justified. Accordingly, Annexure-3 and 6 is quashed as far as it concerns the recovery of the Post Graduate scale of the petitioner. This application is allowed to the extent indicated aforesaid. Anand ( Sheema Ali Khan, J. )