IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7914 of 2002 Kaladhar Mishra, son of Late Upendra Mishra, resident of village Kumhra Bishunpur, P.S. Dumra, District- Sitamarhi …………… Petitioner Versus 1.The State Of Bihar through the Secretary/Commissioner, Human Resources Department, Government of Bihar, Patna 2.The Secretary/Commissioner, Human Resources Department, Government of Bihar, Patna 3.The Director, Primary Education, Bihar, Patna 4.The District Superintendent of Education, Sitamarhi 5.The Accountant General, Bihar, Patna 6.Senior Accounts Officer, Office of the Accountant General (A & E) II, Bihar and Jharkhand, Patna ……….. Respondents. ----------- 4. 19/05/2010 Learned counsels for the parties agree that the issue raised in this writ application has been authoritatively decided by the Apex Court in the judgment rendered in the case of Syed Abdul Qadir Vs. State of Bihar, reported in 2009(2) PLJR (SC) 74. In the circumstances, this writ application is disposed of. It is held that the ratio and findings of the said judgment shall apply to this case also and in terms of the order passed in the said case, there shall be no recovery from the salary of the petitioner of excess paid to him earlier, and prior to re-fixation. It is directed that if any amount has been recovered from the salary of the petitioner, the same must - 2 - be refunded to him within a period of three months from the date of receipt/production of a copy of this order. However, retiral benefits of the petitioner shall be authorized on the basis of admissible pay as per law. Pradeep/ ( J. N. Singh, J.)