IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5457 of 2005 VIDYA SAGAR GIRI, son of late Ram Prasad Giri, resident of Village - & P.O. Kharauna, District – Saran at Chapra. ………………… Petitioner Versus 1. THE STATE OF BIHAR. 2. The District Superintendent of Education, Chapra. ……………….. Respondents ----------- 05. 10.02.2009 A large number of writ applications had come to be filed where deductions from gratuity came to be made from the retired employees who are school teachers on interpretation given to Fundamental Rule 22-C. Even in the case of petitioner certain amount came to be deducted from his gratuity because respondents were of the opinion that the petitioner has drawn the advantage of higher salary on a wrong interpretation of Fundamental Rule 22-C. The litigation in this regard finally traveled to the Hon`ble Supreme Court and a decision dated 16.12.2008 has come to be rendered in the case of Syed Abdul Quadir & ors v. State of Bihar & ors, 2009 (1) Supreme 163. The Hon`ble Supreme Court has laid down the parameters of the dispute but it came to a considered opinion that no recovery would be made of the excess amount which has been paid to the teachers. The Court also recorded that the benefit of the order would accrue to one and all irrespective of the fact that he was a petitioner before the High Court or the Hon`ble Supreme Court. If recovery had been made then same was ordered to be refunded within three months. Since the law has already been laid down by the Hon`ble Supreme Court the case of the petitioner would be covered by the - 2 - said order. If any recovery has been effected then the petitioner would be entitled for refund of the same. If no recovery was made from the petitioner then he will not be compelled to deposit some amount by the respondents. The writ application is disposed of. rkp (Ajay Kumar Tripathi, J)