IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13574 of 2004 KAPILDEO SINGH, son of late Bihari Singh, permament resident of village – Alabdinchak, P.O. – Punpun, P.S. – Punpun, District – Patna, at present residing at Mohalla – Qr. No. CAB-F-46 BSEB Colony, Post Office Shastrinagar, P.S. – Shastrinagar, District – Patna. Retired from the Post of Account Assistant, Patna Electrical Supply Undertaking (West) Circle Patna under Bihar State Electricity Board, Patna, Bihar. -------------------- Petitioner. Versus 1. The Bihar State Electricity Board, Patna. 2. The Secretary, Bihar State Electricity Board, Patna, Bihar. 3. The Superintending Engineer, Electrical, Patna Electrical Supply Undertaking (West) Circle, Patna. 4. The Finance Controller – I, Bihar State Electricity Board, Patna, Bihar. 5. The Account Officer, Bihar State Electricity Board, Patna, Bihar. ------------------ Respondents. ----------- For the Petitioner : Mr. Uma Singh, Adv. For the B.S.E.B. : Mr. Shubhash Kishore Verma, Adv. Mr. Krishna Kant Tiwari, Adv. ------------- 3 27.01.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is aggrieved by a recovery order dated 20.09.2003 as contained in Annexure – 3. This order of recovery is supposed to be from the gratuity of the petitioner for the so-called excess pay drawn by him due to wrong pay fixation. Submission of learned counsel for the petitioner is that this order has been passed after his superannuation without any notice or show cause in this regard. Petitioner retired from the post of Accounts Assistant on 31.01.2003 at Patna Electricity Supply Undertaking, (West) Circle - Patna. Learned counsel for the petitioner relies on a decision of a Division Bench dated 3rd September, 2008 rendered in the - 2 - case of Mundrika Devi Vs. Bihar State Electricity Board & others (L.P.A. No. 1241 of 2002). The Division Bench had this to say in paragraph Nos. 3 and 4 of the said decision as follows :- “3. In the instant case, it is not the contention of the Board that in the matter of alleged mistake, which resulted in excess payment, the appellant had any role to play. The excess payment, if any, is also not due to mistake in pay fixation, grant of increment or the like leading to wrong calculation of salary of the employee. The mistake is also not at the ministerial level. Respondent- Board, in the instant case, after superannuation of the appellant, opined that pay protection given to the appellant, his promotion to selection grade and grant of 12% extra emolument was improper and incorrect; and because of improper and incorrect decision, excess payment has been made to the appellant, which is recoverable. It is not the contention of the respondent-Board that grant of any of them was not by the authority authorized to grant the same. It is the contention of the appellant - 3 - Board that the grants themselves were not permissible by law and accordingly, any payment made in the basis of such grants is recoverable. 4. As we are bound by the judgment rendered by the Full Bench of this Court and inasmuch as the decision of the Full Bench, as quoted above, squarely applies to the present case, we have no other option but to allow the appeal and set aside the judgment and order under appeal, which we do hereby, and at the same time allow the writ petition by directing the Board to fix the retiral/terminal dues of the appellant, without taking not of the contention of the Board, as contained in its order dated 3rd April, 2000, which admittedly came into play subsequent to superannuation of the appellant.” In view of the settled decision in law the impugned order in so far as it relates to recovery of the sum of money under the head of excess payment of salary due to wrong fixation is quashed. The case of the petitioner, being not different in the above noted circumstance, the writ application is allowed. - 4 - Annexure – 3 stands quashed. Respondents are directed to make payment to the petitioner all his retiral dues, as if, Annexure – 3 do not exist against him. Rajeev/ (Ajay Kumar Tripathi, J.)