IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10142 of 2010 1. MAHARUDRA JHA S/O LATE MUNINDRA JHA R/O VILLAGE AND P.O.- PARSAUNI, P.S.- BISFI, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. DIRECTOR, HIGHER EDUCATION HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 5. THE CHAIRMAN-CUM-MANAGING DIRECTOR MAITHILI ACADEMY, SHIVPURI, PATNA ----------- 3. 07.07.2010. Heard learned counsel for the petitioner and the State. 2. In compliance of my order dated 05.07.2010 counsel for the Maithili Academy has filed counter affidavit which is taken on record. Learned counsel for the petitioner has filed supplementary affidavit placing on record the office order bearing Memo No. 42/10 dated 6.5.2010, whereunder in the light of the order dated 5.4.2010 and 13.4.2010, Annexures 10 and 11 in the writ petition recovery has been ordered in 20 instalment. It is submitted by the counsel for the petitioner that orders dated 5.4.2010 and 13.4.2010, Annexures- 10 and 11 was passed in the case of six employees of the Academy out of whom M/S Raghubir Mochi and Chandra Mohan Jha approached this Court in two separate writ petition and this Court in those writ petitions have quashed the aforesaid two orders dated 5.4.2010 and 13.4.2010 so far it relates to M/S Raghubir Mochi and Chandra Mohan Jha, this writ petition may also be disposed of in the same terms in which the writ petition bearing C.W.J.C.No. 8994 of 2010 was disposed of under orders dated 28.6.2010. - 2 - 3. Having heard counsel for the parties, I am satisfied that the case of the petitioner is covered by the orders of this Court dated 28.6.2010 passed in the case of Raghubir Mochi bearing C.W.J.C.No. 8994 of 2010 and this writ petition is also disposed of exactly in the same terms with further direction that the recovery order passed in the case of the petitioner dated 6.5.2010, Annexure-13 and 28.5.2010, Annexure-14 are also quashed but it is made clear that in the event promotion granted to the petitioner is not upheld by the Director, Higher Education then the recovery in terms of order dated 6.5.2010 and 28.5.2010, Annexures- 13 and 14 shall again be resumed. P.K.P. (V.N.Sinha,J.)