IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15709 of 2004 SMT.MALTI DEVI, wife of late Ramji Prasad, resident of Village – Pandaul, P.O. and P.S. Pandaul, District – Madhubani ___________ Petitioner Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum-Secretary, Department of Health and Family Welfare, Government of Bihar, New Secretariat, Patna. 3. The Commissioner-cum-Secretary, Department of Finance, Government of Bihar, Old Secretariat, Patna. 4. The Accountant General, Bihar, Patna. 5. The Treasury Officer, Darbhanga. _________ Respondents For the petitioner: Mr. Purushottam Jha. For the State : Mr. G. P. 6 For the A.G. : Mr. J P Karn with Mr. L P K Rajgarihar. _______ 12. 23.01.2009 Husband of the petitioner retired from service from the post of Basic Health Worker. After his death a sum of Rs.58,122/- was sought to be recovered by order dated 17.12.1997 (annexure-3). This recovery was because respondent State was of the opinion that the two time bound promotions given to the husband of the petitioner were from a date prior to what he was entitled to and, therefore, the mistake was sought to be corrected after the retirement of the petitioner’s husband. Learned counsel for the petitioner submits that similar acts of the respondents have been interfered with in various writ applications and the case of the husband of the petitioner is no different. In this regard he has brought a decision dated 5.7.2004 which is the case of Balbhadra Jha Vs. State of Bihar and others and is annexure-6 to the writ application. Not only this, yet another decision dated 1.8.2007 which is CWJC No. 8571 of 2002 of the case of - 2 - Mahfuzur Rahman Ajmal and CWJC No. 8557 of 2002 of Umesh Pd Verma has been produced before this Court. In view of the findings in all these cases and keeping the background to the dispute as well as the decision rendered in the case of Ram Binod Singh and others v. The Bihar State Electricity Board and others, 2007 (3) PLJR 398, annexure -3 is quashed. The writ application is allowed. Recovery made shall now be refunded to the petitioner preferably within a period of three months from the date of communication/production of a copy of this order. rkp (Ajay Kumar Tripathi, J)