WP(C) 5427/2006 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. M.U. Mondal, learned counsel for the petitioners as well as Ms . R. Chakraborty, learned State Counsel, representing the Director of Pension, A ssam. I have also heard Mr. S.K. Das, learned Standing Counsel, Education Depart ment and Mr. B. Gogoi, learned Standing Counsel, Finance Department. As agreed to by the learned counsel for the parties, I dispose of the wr it petition in terms of the order passed today in WP(C) No. 5165/2006. In the said writ petition, it has been provided that the respondents sha ll examine the case of the petitioner, for equalization of pay. In the instant c ase, recovery has already been made from the pensionary benefit of the petitione r on the ground that equalization of pay was extended to the petitioner illegall y. However, upon examination of the case of the petitioner, if it is found that the petitioner is entitled for equalization of pay, recovery shall be refundable . On the other hand, if it is found that the petitioner is not entitled to the e qualization of pay, there is no question of refund of the same. Writ petition is disposed of.