IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8786 of 2009 INDRADEO SINGH aged about 61 years, Son of late Ram Krit Singh, resident of village – Budhan Bigha, P.S. Indrapuri, District – Rohtas. … Petitioner. Versus 1. THE STATE OF BIHAR through the Commissioner –cum- Secretary, Water Resources Department, Sinchai Bhawan, Patna. 2. The Chief Engineer, Water Resources Department, Dehri, District – Rohtas. 3. The Superintending Engineer, Sone Canal Modernization, Circle Dehri, District – Rohtas. 4. The Executive Engineer, Sone Barrage Division, Indrapuri, District – Rohtas. 5. The Treasury Officer, Rohtas at Sasaram. 6. The Commissioner, Patna Division, Patna. 7. The Accountant General, Bihar, Patna. … Respondents. ----------- 02/ 28.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order of the Chief Engineer bearing memo no. 3018 dated 3.7.2004 whereunder he has shifted the date of grant of first time bound promotion to the petitioner. As according to the Chief Engineer such grant was not admissible to the petitioner with effect from 22.09.1990 and in the light of the said finding the learned Chief Engineer has also directed for recovery of the amount paid to the petitioner. The recovery however was directed to be made in easy instalments. 3. Learned counsel submits that after retirement of the petitioner with effect from 31.20.2008 the recovery is still continued and pension and other retiral dues has also been withheld by the Executive Engineer under his letter no.362 dated 14.5.2009, Annexure-2 to this application. 4. As the petitioner did not challenge the order of the Chief - 2 - Engineer dated 30.7.2004, Annexure-7/1 by which the date of grant of first time bound promotion was shifted with direction to make recoveries, he cannot be allowed to challenge the said order at this belated stage. But before parting with this case, I direct the Chief Engineer to consider the matter and whatever amount has to be recovered in the light of the aforesaid order dated 30.7.2004, Annexure-7/1 be recovered from the retiral dues of the petitioner and his pension and other things be finalized as early as possible in any case within one month after considering the case of the petitioner for grant of A.C.P. 5. This writ application is, accordingly, disposed of. DKS/ (V.N. Sinha, J.)