IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.787 of 2010 UMESH CHANDRA RAI, S/O LATE MITHAN RAI, R/O VILLAGE-AULIABAD,P.O.-JHANDAPUR, P.S.- BIHPUR, DISTRICT-BHAGALPUR. …PETITIONER-APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 2. THE ACCOUNTANT GENERAL, BIHAR, PATNA. 3. THE DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, MUNGER. 5. THE DISTRICT EDUCATION OFFICER, KHAGARIA. 6. THE TREASURY OFFICER, KHAGARIA. 7. SENIOR ACCOUNTS OFFICER, (ACCOUNTANT GENERAL, BIHAR, PATNA). RESPONDENTS-RESPONDENTS. For the appellant : Mrs. Pravina Kumari (Rai), Advocate. For the respondents-State : Mr. A.Amanullah, S C-17. ----- 02. 29.04.2010 I.A.No.4182 of 2010 This is an application for condonation of delay of 16 days in preferring the appeal. We have heard Mrs. Pravina Kumari (Rai), learned counsel for the appellant and Mr. Amanullah, learned standing counsel-XVII for the State. Regard being had to the facts and circumstances, the delay in filing the appeal is condoned. I.A. stands allowed. - 2 - L.P.A.no.787 of 2010 In this intra-court appeal, the assail is to the order dated 25.02.2010 passed by the learned Single Judge in CWJC No.15355 of 2009. The appellant-writ petitioner retired from the service as an Assistant Teacher on 31.12.1999. After superannuation all his pensionary benefits were not paid as objection was raised by the Accountant General, Bihar and Jharkhand. Some amount was recovered from the gratuity and pension of the appellant. The learned Single Judge has noted as follows: “Counsel appearing for Accountant General has submitted that the recovery has been made from gratuity of the petitioner as at the time of his fixation of pension, it was noticed that excessive salary has been paid to the petitioner on the basis of wrong fixation of scale. The District Education Officer was informed by the office of the Accountant General as well as the petitioner was also informed. Recovery has been made at the request of the petitioner and the case has been finalized on the basis of his admissibility”. In course of hearing, Mr. A. Amanullah, learned counsel for the State agreed that a sum of Rs.11,000/- (Eleven thousand) that has been deducted from pension shall be handed over to the appellant within a period two - 3 - months from the date of receipt of the order passed today. Additionally, it is directed if the appellant makes a representation for grant of A.C.P before the competent authority, the same shall be considered in accordance with law. Recording such statement, the appeal stands disposed of. There shall be no order as to costs. Sunil (Dipak Misra, C.J.) (Mihir Kumar Jha, J.)