IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10799 of 2009 1. VIVEK CHANDRA GUPTA, SON OF LATE BENI MADHAV PRASAD GUPTA, RESIDENT OF VILLAGE BAKHARA, P.S. SARAI, DISTRICT MUZAFFARPUR. 2. ANIL KUMAR CHAUBEY, SON OF SRI RAMESH CHAUBEY, RESIDENT OF VILLAGE MAKHDUMPUR, P.S. BIHTA, DISTRICT PATNA. 3. AKHTAR HUSSAIN, SON OF MD. BANU MIAN, RESIDENT OF VILLAGE SERHAWA DEORAJ, P.S. RAM NAGAR, DISTRICT EAST CHAMPARAN. 4. WAHID AKHTAR, SON OF MD. BADRUDOJA, RESIDENT OF MOHALLA KAJI TOLA, P.S. ARA TOWN, DISTRICT BHOJPUR. 5. SHAILENDRA KUMAR SHARMA, SON OF SRI DEVENDRA ROY SHARMA, RESIDENT OF VILLAGE DIGHRA, P.S. PUSA, DISTRICT SAMASTIPUR. 6. BASUDEO SAHU, SON OF LATE DEO NANDAN SAHU, RESIDENT OF VILLAGE NARAHIYA, P.S. LOKAHI, DISTRICT MADHUBANI. 7. DUDHESHWAR SINGH SON OF LATE SHIVDHAR SINGH, RESIDENT OF VILLAGE SHAMBHUPURA, P.S. NAUBATPUR, DISTRICT PATNA. 8. SHIV BALAK RAI, SON OF SRI BISHWANATH RAI, RESIDENT OF VILLAGE ARJUNPUR, P.S. SIMRI, DISTRICT BUXAR. 9. CHANDRAMANI JHA, SON OF SRI SURENDRA JHA, RESIDENT OF VILLAE DUMARIA KHURD, P.S. PARBATTA, DISTRICT KHAGARIA. 10. AWADHESH PASWAN, SON OF SRI RAM DAYAL PASWAN, RESIDENT OF VILLAGE MOHIUDDINPUR, P.S. GHOSHI, DISTRICT JEHANABAD. Versus 1. BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, BAILEY ROAD, PATNA. 2. CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, BAILEY ROAD, PATNA. 3. SECRETARY, BIHAR STATE ELECTRICITY BOARD, BAILEY ROAD, PATNA. 4. GENERAL MANAGER-CUM-CHIEF ENGINEER, TRANSMISSION ZONE-3, BIHAR STATE ELECTRICITY BOARD, BAILEY ROAD, GAYA. 5. ELECTRICAL SUPERINTENDING ENGINEER, TRANSMISSION CIRCLE, PATNA. 6. ELECTRICIAL SUPERINTENDING ENGINEER, TRANSMISSION CIRCLE, BIHARSHARIF. 7. ELECTRICAL EXECUTIVE ENGINEER, TRANSMISSION DIVISION, KHAGAUL, PATNA. 8. ELECTRICAL EXECUTIVE ENGINEER, TRANSMISSION DIVISION, HATHIDAH, PATNA. 9. ASSISTANT ENGINEERS OF THE CONCERNED GRID SUB-STATIONS. ----------- 03. 08.07.2010. Heard learned counsel for the petitioners and the counsel for the Bihar State Electricity Board(hereinafter referred to as the Board). 2. Petitioner nos.3,4 and 6 are aggrieved by the order bearing Memo No.587 dated 28.11.2007, Annexure-1 issued by the Executive Engineer, Transmission Division, Hathidah, whereunder a sum of Rs.6,736, 5,937 and 8,191/- has been directed to be recovered from them as the said amount was wrongly paid to the three petitioners as overtime allowance. Remaining petitioners have filed this writ - 2 - application praying inter alia to direct the competent authority of the Board to consider their case for payment of overtime allowance. 3. Counsel for the Board has not been able to file any counter affidavit disputing the averments made in the writ application. 4. It is submitted on behalf of petitioner nos.3,4 and 6 that direction of the Executive Engineer to recover the aforesaid amount from the three petitioners is contrary to the circular of the Board directing for payment of overtime allowance and this Court having considered the import of such circular quashed similar order dated 18.2.2008, Annexure-2 in C.W.J.C. No.4034 of 2008. 5. For the reasons indicated in order dated 23.7.2009 passed in C.W.J.C. No.4034 of 2008 the order bearing memo No.587 dated 28.11.2007, Annexure-1 issued in the case of petitioner nos.3, 4 and 6 directing recovery of the aforesaid amount is also quashed. So far the case of remaining petitioners are concerned they are at liberty to challenge the order of recovery, if any issued against them. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)