IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.10430 OF 1998 KANHAIYA PRASAD SINGH,S/O LATE RAMESHWAR PRASAD SINGH, R/O VILLAGE AMAW, P.O. & P.S BANIYAPUR ROAD, DISTRICT SARAN. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE DISTRICT SUPERINTENDENT OF EDUCATION, BIHARSHARIF AT NALANDA. 3.TEH ACCOUNTANT GENERAL II, BIHAR, PATNA. ………………………RESPONDENTS. ----------- 05/ 25.07.2011 No one appears for the petitioner even today. Mr. M.K Pathak, A.C to G.A 4, learned counsel for the State is present. Earlier also when this case was called out on 22.07.2011, the petitioner had remained unrepresented. As a matter of fact, from the reading of the impugned order it becomes clear that after the petitioner had already retired from service he was subjected to recovery of the excess amount of increments sanctioned to him during his service period on the ground that he had not passed Hindi Noting and Drafting Examination. Such impugned order seeking to also recover the excess amount paid to him having been stayed by this Court on 09.12.1998, no useful purpose would be served in deciding the 2 issue involved in this case. It however must be held that as petitioner had retired on 31.01.1997, any excess amount of increment paid to him could not have been subjected to recovery in absence of any material on record to show that the petitioner had earned his increments by making misrepresentation or playing fraud. Nonetheless, the petitioner’s admissibility of his last pay and consequently the amount of retirement benefit on the basis of such last pay cannot be based on an amount to which the petitioner was never entitled in law. To that extent, the petitioner shall be deprived of getting the benefit of the increments in calculation of his last pay to which he was not entitled in law. His retirement benefit based on his last pay would be calculated only such pay to which he was legally entitled. In other words though the petitioner will not be subjected to any recovery of excess amount but he would be entitled to only such revised last pay after deducting the amount of increment to which he was 3 legally entitled to on account of not passing of Hindi Noting and Drafting Examination. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)