IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4236 of 2005 RADHA KRISHNA THAKUR, aged 63 years, son of late Shobhanand Thakur, resident of village – Brahmotra, P.S. Pandaul, District – Madhubani. …………… Petitioner Versus 1. THE STATE OF BIHAR through the Commissioner cum Secretary, Water Resources Department, Sinchai Bhawan, Patna. 2. The Director, Provident Fund Directorate, Bihar, Patna. 3. The District Provident Fund Officer, Saharsa. 4. The Chief Engineer, Mechanical, Water Resources Department, Old Secretariat Barrack, Patna. 5. The Superintendent Engineer, Mechanical Circle, Birpur, District – Supaul. 6. The Executive Engineer, Mechanical Division No.2, Birpur, District – Supaul. 7. Sub-Treasury Officer, Birpur, District – Supaul. …………….. Respondents ----------- 04. 05.02.2009 Way back on 27.9.2007 the matter was adjourned giving an opportunity to the respondent State to explain as to why the order of refund issued in favour of the petitioner contained in annexure-6 dated 20.5.2003 is not being honoured. After many a years affidavits on behalf of the respondents have been filed where they have taken a stand that a wrong pay was fixed and benefit was given to the petitioner which has been the reason behind the recovery. There are two aspects which emerge from the affidavit filed today. One is that nothing has been brought on record to show that annexure-6 has been set aside or recalled or modified by any superior authority after 2003 when the order was issued or after the matter was adjourned in 2007. Not only this, keeping in view the settled decision in law with regard to such recoveries on wrong fixation of pay during the service period of the petitioner, the writ application is allowed. - 2 - Respondents are directed to refund the money which has been ordered to be done in terms of annexure-6 within a period of three months from the date of communication/production of a copy of this order. rkp (Ajay Kumar Tripathi, J)