IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5938 of 2000 KAPILDEO NARAYAN PRASAD Versus THE STATE OF BIHAR & ORS ----------- 5. 15.09.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State as also the learned Counsel for the Accountant General.. Petitioner is aggrieved by the order dated 19.2.1999 of the Senior Accounts Officer ordering for adjustment of excess payment purported to have been received by the petitioner in consequence of his pay fixation for the period 1.4.1980 to 31.5.1997 and also the claim for refund is sought tobe made. Learned Counsel for the petitioner and the respondents are not at issue that the controversy in this case stands fully covered by a decision of this Court dated 29.10.1990 in CWJC No. 11396 of 1998. The petitioner is also stated to have retired on 31.5.1997. For like reasons of the discussions contained in CWJC No. 11396, the impugned order is quashed and it is held that no recovery shall be made from the pensionary dues of the petitioner. If recovery has been effected the same shall be refunded to him expeditiously preferably within a maximum period of three months from the date of receipt and/or production of a copy of this order. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)