IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9062 of 2009 SAHDEO SINGH AGED 61 YEARS SON OF LATE ANANT SINGH RESIDENT OF VILLAGE,CHAKANAWA, P.S. INDRAPURI, DISTRICT,ROHTAS. ... ... PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER- CUM-SECRETARY, WATER RESOURCES DEPARTMENT, BIHAR, SINCHAI BHAWAN, PATNA. 2. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, DEHRI, DISTRICT, ROHTAS. 3. THE SUPERINTENDING ENGINEER, SONE CANAL MODERNISDATION CIRCLE, DEHRI, DISTRICT ROHTAS. 4. THE EXECUTIVE ENGINEER, SONE BARRAGE DIVISION, INDRAPURI, DISTRICT, ROHTAS. 5. THE DISTRICT TREASURY OFFICER, ROHTAS AT SASARAM. 6. THE ACCOUNTANT GENERAL, BIHAR, PATNA, BIRCHAND PATEL PATH, PATNA. ... ... RESPONDENTS. ----------- 2. 31.7.2009. Petitioner is aggrieved by the instruction of the Execution Engineer, Sone Barrage Division, Indrapuri(respondent no.4) contained in Memo No.382 dated 22.5.2009 (Annexure-2) where under he has directed for recovery of Rs.1,90,131/- from the retiral dues of the petitioner. It is submitted on behalf of the petitioner that such recovery is being made in the light of office order bearing Memo No.5048 dated 30.10.2004 and other consequential order contained in Annexure-1 series where under the promotion of the petitioner on the post of Pump Operator - 2 - Grade-I with effect from 1.3.1974 and the time bound promotion with effect from 1.3.1984 has been cancelled. With reference to the instructions of the Finance Department contained in Memo No.6383 dated 17.5.2003 and the departmental instruction contained in Memo No.3716 dated 9.6.2003. It is submitted on behalf of the petitioner that in compliance of the instruction of the High Court in C.W.J.C. No.1009 of 2005 (Suresh Mistry and others vrs. State of Bihar), the circular letter of the Finance Department bearing letter No.3683 dated 17.5.2003 has been cancelled and once the circular letter of the Finance Department is cancelled the consequential departmental Memo No.3716 dated 9.6.2003 may also be deemed to have been withdrawn. From perusal of the office order dated 30.10.2004 it would appear that promotions have been cancelled with reference to the aforesaid Finance Department and the departmental letter dated 17.5.2003 and 9.6.2003. Once the Finance Department Memo dated 17.5.2003 stood cancelled under letter no.2882 dated - 3 - N.H./ 6.5.2006, the order cancelling the two promotion which has been made with reference to letter dated 17.5.2003 and 9.6.2003 has become nonest and should be recalled. Having heard counsel for the parties, petitioner is directed to highlight the aforesaid aspect of the matter by filing representation before the Principal Secretary of the Department and representation should be considered as early as possible in any case within two months from the date of receipt of the representation. It shall be open for the petitioner to request the Principal Secretary to pass interim order. This application is, accordingly, disposed of. ( V.N. Sinha,J.)