IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3888 of 2006 JHABBAR PASWAN, son of Late Ramji Paswan, resident of Village and Post Office Phulparas, P.S. Phulparas, District Mahdubani. --- Petitioner Versus 1. THE STATE OF BIHAR through its Secretary, Department of Home, Govt. of Bihar, Patna. 2. The District Magistrate, Madhubani. 3. The Superintendent of Police, Madhubani. 4. The Sub-Divisional Officer, Phulparas, District Madhubani. 5. The Circle Officer, Phulparas, Madhubani. 6. The Officer-in-Charge, Police Station Phulparas, Madhubani. 7. The District Provident Fund Officer, Madhubani. ---Respondents ----------- 4. 7.9.2010 Heard learned counsel for the petitioner as also the learned counsel for the State. A bank draft bearing no.735503 dated 18th of December, 2006 re-validated on 20th of May, 2010 for a sum of Rs.11,661/- drawn on Allahabad Bank payable at Mansapur has been handed over to Mr L.K. Yadav, learned counsel appearing for the petitioner towards the admissible retrial dues payable to the petitioner after adjusting a sum of Rs.42,773/- as mentioned in paragraph 9 of the counter affidavit. Learned counsel for the petitioner submits that the aforesaid adjustment is not justified since the petitioner continued to work as a Choukidar till 31st of July, 1999. However, there is no fault on the part of the petitioner for the alleged continuity in service after the date of superannuation i.e. 30th of June, 1998. Learned counsel submits that the aforesaid draft has been received by the - 2 - petitioner under protest and as such the petitioner may be given liberty to represent before the concerned authority that the alleged adjustment/recovery is not justified or permissible in law. Learned counsel appearing for the State submits that in case the petitioner represents, the same would be considered as per law. In the above circumstances, the learned counsel for the petitioner submits that for redressal of his grievances against recovery/adjustment, the petitioner proposes to file a representation before the District Magistrate, Madhubani (respondent no.2), with a copy to the Circle Officer, Phulparas, Madhubani (respondent no.5). In case such a representation is filed stating the details of his grievances as also enclosing the copy of the relevant documents, if any, in support of such claims along with the certified copy of the present order within a period of four weeks, the grievances of the petitioner as raised in his representation be considered in accordance with law expeditiously, preferably within a period of five months on receipt of such representation, so that the grievances of the petitioner may be settled. However, upon consideration, if the representation of the petitioner is accepted, the amount recovered/adjusted against the retrial dues be refunded back to him. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)