IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9073 of 1996 MOHAMMAD PARVEZ ALAM Versus THE STATE OF BIHAR & ORS ----------- 9 25.8.2008 This writ application has been filed for quashing the order no. 217 dated 26.8.1996 by which the Superintendent of T.B. Hospital, Koilwar, Bhojpur has asked the petitioner to deposit the excess amount of pay granted to him by virtue of being promoted from class IV to class III. This order contained in annexure-4 however, does not cancel the promotion of the petitioner. Learned counsel for the petitioner submits that the petitioner was promoted by the Departmental Promotion Committee-cum-Establishment Committee and he has been granted the pay due to class III officers. I find that the orders contained in annexure-4 asking the petitioner to deposit excess amount paid to him is unreasonable in view of the fact that the petitioner was paid the higher salary on the ground that he was granted promotion. It is well settled that where payment to a particular post is made because of some bonafide and unintentional belief on part of the authority that the incumbent is entitled to receive the amounts of pay, it cannot be 2 said that the payment has been wrongly granted to the petitioner. In the result, I quash annexure-4 by which the petitioner has been asked to return the excess salary that he was paid in view of promotion from Class IV to Class III. Learned counsel for the petitioner further submits that the petitioner is still working against the said Class III post whereas the counsel appearing on behalf of the State submits that the promotion to class III has been wrongly granted without following the rules and regulations. Considering the submissions of the learned counsel appearing on behalf of the State I direct that the respondent no. 2 to examine the case of the petitioner and if it is found that he is entitled to be granted promotion on class III post or that the promotion granted to him earlier was valid then the petitioner should be paid salary of the said post. In case the Director in Chief, Health, finds that the petitioner is not entitled to the promotion he will pass orders in accordance with law. This writ application is allowed in part. Sanjay (Sheema Ali Khan, J.)