IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2471 of 2009 KAILASH PASWAN Versus THE STATE OF BIHAR & ORS ----------- 2 24/2/2009 Heard counsel for the petitioner and counsel for the State. There is no dispute that in view of order of the Collector dated 1.8.2008 that the petitioner while working on the post of Chaukidar had over stayed in service up to 30.6.2007, though he ought to have been superannuated on 30.6.2002, as the record of service of the petitioner would show that his date of birth is 1.7.1944. The Collector therefore had rightly proceeded that the petitioner will not be liable to refund salary which he had received in the period 1.7.2002 to 30.6.2007 as he had really worked in the aforesaid period and that such continuation of his service was on account of some laches and lapses on the part of the Officer/Employer of the concerned office. That being so, the order passed by the Anchaladhikari dated 8.12.2008 does not seem to be logical and legal in the sense that the petitioner cannot be 2 subjected to any recovery of the amount of salary already drawn by him for the period from 1.7.2002 to 30.6.2007, as his continuation of service was not on account of his mis-representation, a finding already arrived in his favour in the order of the Collector. That being so, this Court would partly modify the order dated 8.12.2008 and direct the Anchaladhikari not to subject the petitioner for any recovery of the amount of salary for any period he has worked, but then the retirement benefits including pension, gratuity etc. will be calculated on petitioner’s length of service up to only 30.6.2002 as also directed by the Collector in his letter dated 1.8.2008. With the aforementioned observation and direction this application is disposed of. (Mihir Kumar Jha, J.) Abhay Kumar