IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13433 of 2004 SHARDA PRASAD SINHA, S/O Late Jugeshwar Pd. Sinha, Resident of Mohalla – Kazipur (Swarnasan Lane), P.O. Bankipur, P.S. Kadamkuan, Distt. Patna ……………. Petitioner Versus 1. THE STATE OF BIHAR 2. Commissioner, Water Resources Deptt. Bihar, Patna. 3. Secretary, Water Resources Deptt. Patna. 4. Chief Engineer, Irrigation Deptt. Bihar, Aurangabad. 5. Executive Engineer, North Koyal Canal Division, Gaya, Bihar. 6. Chief Accountant General, Bihar, Patna. 7. Senior Account Officer, Office of the Accountant General, Bihar, Patna. ------------------ Respondents 04. 27.01.2009 By virtue of a decision dated 10th of July, 2007 based on an earlier direction issued in CWJC No. 2178 of 2005, the Chief Engineer, Water Resources Department, Aurangabad has issued letter no. 2345 dated 10th July, 2007 which has been brought on record as annexure-I to the supplementary affidavit filed today on behalf of the petitioner. Petitioner has categorically stated in the affidavit that promotion earlier granted to him on the post of Draftsman has been restored from 1.1.1996 and pay scale corresponding to the post has also been granted to him. Thereafter petitioner has been paid all the arrears arising therefrom since 1.1.1996. Petitioner to that extent does not have any grievance left in this regard. Irritant left is the order of recovery which has been passed in terms of annexure-9 annexed to the writ application. The recovery is to the tune of Rs.98072/-. This recovery was effected because of the withdrawal of the promotion earlier granted to the petitioner. It goes without saying that if this recovery has been - 2 - effected from the petitioner based on the above circumstance, then by virtue of the recent decision dated 10th July, 2007 of the Chief Engineer, Water Resources Department, Aurangabad, same is required to be refunded. Let steps be taken by respondent no.4 for refund of the above amount if recovery has already been effected. If there is no impediment in the said refund let refund be made to the petitioner within three months from the date of communication/production of a copy of this order. The writ applications stands disposed of with the above directions. rkp (Ajay Kumar Tripathi, J)