IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6775 of 2009 PRABHA SHANKAR PRASAD SINHA, retired Accounts Assistant Muzaffarpur, Electrical Circle aged about-69 years, son of Late Ramdeo Prasad, resident of village-Atardat, Kachchi, Pakki Road, P.O. & P.S.- Ramna, District- Muzaffarpur. Versus 1. BIHAR STATE ELECTRICITY BOARD through its Chairman Vidyut Bhawan, Bailey Road, Patna 2. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 3. The Financial Controller No.1, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 4. Sri N.P.Yadav, Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 5. The General Manager-cum-Chief Engineer, Tirhut Area Electricity Board, Bhagwanpur Chowk, Muzaffarpur 6. Sri A.K.Singh, Joint Secretary-cum-Public Information Officer, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna ----------- 2 24.06.2009 Heard learned counsels for the petitioner and the respondent-Board. The grievance of the petitioner is against the recovery of Rs.59,244.22 from his gratuity on account of the alleged wrong fixation of pay of the petitioner resulting into reducing the basic pay and other consequential benefits. It is submitted on behalf of the petitioner that the authorities are not entitled in law to recover the amount on account of the alleged wrong fixation of pay as even if the pay was wrongly fixed, which the petitioner denied, the petitioner can not be held responsible for such alleged excess payment and that too after lapse of several years. It is further submitted that against the said - 2 - recovery the petitioner protested and filed a representation before the authorities of the Board, but the same is still pending and has not been considered as yet. However, for expeditious disposal of the grievances, the petitioner proposes to file a fresh and detailed representation before the respondent no.2 along with the certified copy of the present order as also the copy of the relevant documents in support of the claim within a period of four weeks from today. On receipt of such representation, the respondent no.2 shall consider the grievances of the petitioner against the recovery in accordance with law expeditiously preferably within a period of three months on receipt of such representation. Upon consideration, if the representation finds favour, the above respondent shall simultaneously issue necessary orders so that the grievances of the petitioner against recovery could be redressed without further delay. The writ application is disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)