IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4946 of 2008 Sidheshwar Singh, S/o-Late Ramgovind Singh, resident of village Rampur Diara, P.S. Maner, District-Patna. ………. Petitioner. VERSUS 1. The Bihar State Electricity Board through its Chairman, Bailey Road, Vidyut Bhawan, Patna. 2. Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 3. Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 4. Financial Controller, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. ……… Respondents. ----------- 02 03.02.2009 From petitioner’s death-cum-retirement gratuity a sum of Rs. 69,758/- has been recovered on account of excess pay drawn by the petitioner. Petitioner had come to this Court challenging the said deduction but his writ application was dismissed. Thereafter, he filed review application, which was dismissed. Now, he has filed a writ application virtually for the same relief. In my view, the writ application is not maintainable. However, the learned counsel for the petitioner states that the dispute in question relates to double pay fixation benefit as was granted under circular nos. 125 dated 07.05.1983 and 4562 dated 19.11.1974. Board had earlier taken a stand that such a double benefit cannot be given, this was so stated in circular no. 515 dated 07.05.1976. These circulars have been reconsidered by the Board and in circular no. 125 dated 07.05.1983, the matter has been reconsidered by the Board. Petitioner had rightly been granted the benefit. Be that as it may, without going into that question, petitioner may if he is sanguine about his stand represent to the 2 Financial Controller of the Board in detail, his defence as against the deduction so ordered by letter dated 01.06.2008 and the authorities would consider the same and pass a speaking order, whether the deduction was justified or not within a period of six months from the date representation is filed. With this observation, this writ petition is disposed of. Trivedi/ ( Navaniti Prasad Singh, J.)