IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5286 of 2005 Shri Jagdish Ram son of Late Jhakkar Ram, resident of Village-Murli Pipra, Police Station-Shikarpur, District-West Champaran(Bettiah) ………..Petitioner Versus 1. The State Of Bihar 2. The Accountant General, Bihar, Patna. 3. The Civil Surgeon, Bettiah. 4. The Treasury Officer, Bettiah. 5. The Medical Officer, Primary Health Centre, Narkatiyaganj, West Champaran. …….Respondents. ----------- 05. 06.02.2009 While fixing the pension of the petitioner who retired from the post of Basic Health Worker, an objection was raised by the Accountant General that there was a wrong pay fixation of the petitioner while he was in service. The contention was that the first and second time promotion given to the petitioner was from an earlier date. Calculating the period of service he had rendered as Superior Field Worker and not from the post of Basic Health Worker. Since these objections have been raised and recoveries is ordered after retirement of the petitioner and that too benefit was granted to him years ago of service without any misrepresentation or fraud made by him in this regard. Keeping in mind the principle laid down in the case of Sugan Lal Versus the State of Bihar reported in 2007(3) P.L.J.R. 398 the order of recovery is hereby - 2 - quashed. In case recovery is already been made, respondents are directed to refund the same within a period of three months from the date of production of communication of this order. The office of the Accountant General would be free to fix the pension of the petitioner based on the calculation of correct pay scale. The writ application is allowed. Shageer (Ajay Kumar Tripathi, J)