IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3097 of 2008 ***** Balkrishna Kumar, son of late Brahmdeo Kumar, resident of village and P.O. Makaranpur, P.S. Pandaul, District-Madhubani. …. …. Petitioner Versus 1. The State of Bihar. 2. Amir Subhani, the Secretary cum Commissioner, Department of Registration, Government of Bihar, Patna. 3. Arun Prasad, the Collector cum District Magistrate, Darbhanga. 4. Sanjay Sinha, the District Sub Registrar, Darbhanga. 5. Ram Swarth Rai, the Treasury Officer, Darbhanga. 6. I.S. Shariwal, the Accountant General Bihar, Veer Chand Patel Marg, Patna. 7. Md. Hasim Ansari, The Senior Accounts Officer, office of the Accountant General (A&E), Veer Chand Patel Marg, Patna. …. …. Opposite party WITH MJC No. 3098 of 2008 ***** Ram Narayan Mandal, son of Late Ramphal Mandal, resident of village- Bhathiyari Sarai, P.O. Lalbagh (Darbhanga), P.S. Laheriasarai, District-Darbhanga. …. …. Petitioner Versus 1. The State of Bihar. 2. Amir Subhani, the Secretary cum Commissioner, Department of Registration, Government of Bihar, Patna. 3. Arun Prasad, the Collector cum District Magistrate, Darbhanga. 4. Sanjay Sinha, the District Sub Registrar, Darbhanga. 5. Ram Swarth Rai, the Treasury Officer, Darbhanga. 6. I.S. Shariwal, the Accountant General Bihar, Veer Chand Patel Marg, Patna. 7. Md. Hasim Ansari, The Senior Accounts Officer, office of the Accountant General (A&E), Veer Chand Patel Marg, Patna. …. …. Opposite party WITH MJC No. 3099 of 2008 ***** Neel Ratan Kumar Sinha, son of late Lakhan Deo Narayan Sinha, resident of village- Attarball, P.O. Kansi Simari, P.S. Singhwara, District-Darbhanga. …. …. Petitioner Versus 1. The State of Bihar. 2. Amir Subhani, the Secretary cum Commissioner, Department of Registration, Government of Bihar, Patna. 3. Arun Prasad, the Collector cum District Magistrate, Darbhanga. 4. Sanjay Sinha, the District Sub Registrar, Darbhanga. 5. Ram Swarth Rai, the Treasury Officer, Darbhanga. 6. I.S. Shariwal, the Accountant General Bihar, Veer Chand Patel Marg, Patna. - 2 - 7. Md. Hasim Ansari, The Senior Accounts Officer, office of the Accountant General (A&E), Veer Chand Patel Marg, Patna. …. …. Opposite party ----------- 3. 7.10.2009. Heard counsel for the parties. By a common order dated 17.12.2007 all the writ applications were disposed of. One thing which emerge form the pleadings is that the benefit of pay-scale has been given to these petitioners, which is the scale of Rs.4000-6000/-. Consequent thereto the pension, gratuity etc. has also now been fixed by the Accountant General. Learned counsel for the petitioners submits that earlier on an objection raised by the Accountant General, petitioners were given a lower pay- scale of Rs.3050-4590 and based on the same certain deductions have been made with regard to some of the petitioners. But now the pay-scale of Rs.4000-6000/- has been accepted and granted by the respondents there is no question of any excess payment having been made to the concerned petitioners. The submission of the counsel is that such a deduction ought to be refunded. In this regard the Commissioner-cum-Secretary, Department of Registration has been approached by way of an application way back on 3.6.2008 in the light of the earlier order passed in the writ applications. This seems to be the only issue left in the matter since the Accountant General has already fixed the pay-scale of these petitioners in the pay-scale of Rs.4000-6000/- and pension and gratuity etc. has already been sanctioned. If it is so the deductions if made from the petitioners under the so-called excess payment has to be now adjusted, if not refunded to the petitioners, in cases where deductions have been effected. - 3 - The contempt applications are disposed of with direction upon the Commissioner-cum-Secretary, Registration, Government of Bihar that he will take appropriate steps and issue necessary directions for refund of the deducted amount, if any, in favour of those petitioners, where deductions have been made. The contempt applications stand disposed of. Pawan/- (Ajay Kumar Tripathi, J.)