IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.684 of 2009 1.BIHAR SCHOOL EXAMINATION BOARD, PATNA- 800017 THROUGH IT SECRETARY. 2.THE ADMINISTRATOR, BIHAR SCHOOL EXAMINATION BOARD, PATNA. 3.THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA. 4.THE FINANCE OFFICER, BIHAR SCHOOL EXAMINATION BOARD, PATNA. ……………RESPONDENTS………APPELLANTS. Versus MANJU JAISWAL, WIFE OF LATE JAGDISH PRASAD JAISWAL, PRESENTLY RESIDING IN MOHALLA BARI KHAGAUL, NEAR BRAHAM ASTHAN, POLICE STATION KHAGAUL, DISTRICT-PATNA. …………………PETITIONER-RESPONDENT. THE STATE OF BIHAR………RESPONDENT-RESPONDENT. ----------- For the appellant: Mr. Lalit Kishore. For the respondents:Mr. Sanjay Singh, Advocate and Mr. Shailendra Kumar Singh, Advocate. 06/ 17.01.2011 Having heard counsel for the parties and taking into account the statement made in paragraph-5 of the supplementary affidavit reading as follows:- “That in this view of the matter the respondent during the proceeding of this case has made an offer that the appellant may deduct an amount equivalent to of 30% and settle the claim and give the matter a quitous.” and further agreement between the counsel for both the parties that the amount of Rs. 1,85,558.95 paise originally shown to be advance and not returned by the husband of 2 the respondent-writ petitioner shall be returned to the writ-petitioner and other legal representatives of the deceased employee, we pass the following order:- (i) The Bihar School Examination Board shall be entitled to recover only 1/3rd of the amount of Rs. 1,85,558.95 paise. In other words after recovery of the aforementioned 1/3rd amount, it shall wipe out any and every outstanding in the name of the husband of the writ-petitioner by way of final settlement of the dues of the husband of the writ-petitioner towards Bihar School Examination Board. (ii) After recovery of the aforementioned amount, the Bihar School Examination Board is directed to pay rest of the admitted amount and other retirement benefits if any in accordance with law. Since, this order has been passed in view of the concession given by the parties the same shall not form precedent in any 3 other case. With the aforementioned modification in the order passed by the learned Single Judge, this appeal is disposed of. Ranjan (T. Meena Kumari,J) (Mihir Kumar Jha,J)