IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3008 of 2006 KHYALI SINGH Versus THE STATE OF BIHAR & ORS ----------- 3. 3.5.2010. Mr. Shyam Kishore Sinha for the petitioner, Assisting counsel to G.P.12 and Mr. Arun Kumar Arun for the Accountant General are present. Pursuant to the order of this Court dated 9.4.2010, a counter affidavit has been filed on behalf of the State and in which it has been stated that the pay scale of the petitioner had earlier been incorrectly fixed and which was subsequently rectified and on the basis whereof, the pension, gratuity and other admissible amount are being paid. It is further stated that although the Accountant General had opined for recovery but such recovery has not yet been effected from the petitioner. In that view of the matter, nothing survives in the writ petition. In case the respondents choose to affect the recovery of the excess amount, the petitioner shall be at liberty to challenge the same in an appropriate proceedings before an appropriate forum. With the observation aforesaid, the writ petition is disposed of. ahk (Jyoti Saran, J.)