IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5152 of 2008 Vishwanath Prasad, son of Late Pachkari Ram Rajak, Resident of Road No.2, Mohalla- Mahesh Nagar, P.O.- Keshri Nagar, P.S. Patliputra, District – Patna-24 … … Petitioner Versus 1. The State Of Bihar 2. Finance Secretary, Finance Department, Government of Bihar, Patna 3. Chief Controller of Accounts, Finance Audit Department, Government of Bihar 4. Deputy Controller of Accounts, Finance Audit Department, Patna Division, Patna …… ….. …… Respondents ----------- 04/ 04.07.2011 Heard learned counsel for the petitioner and the State, who says that the authorities have filed counter affidavit, but neither the counter affidavit is on record nor the counsel for the State has given the date of filing of the counter affidavit, as such, it is difficult for this Court to ascertain whether such counter affidavit has been filed or not. 2. Petitioner is serving the Finance (Audit) Department of the State Government as Senior Auditor Grade- II. He has filed this writ petition challenging office order dated 16.4.2007, Annexure-4, whereunder Senior Selection Grade granted to him with effect from 11.2.1993 has been cancelled and he has been placed in the Junior Selection Grade. 2 3. It appears from perusal of the impugned order dated 16.4.2007, Annexure-4 that there were 61 posts in the Senior Selection Grade and 61 or more persons were available and serving in the Senior Selection Grade on the date of grant of Senior Selection Grade to the petitioner and when such fact was detected by the authorities, the impugned order dated 16.4.2007, Annexure-4 was passed placing the petitioner in the Junior Selection Grade. 4. Against the order impugned dated 16.4.2007, Annexure-4, petitioner has filed representation before the Chief Controller, Finance (Audit) Department, which is dated 30.7.2007, Annexure-5 stating that earlier Senior Selection Grade was allowed to him without any misrepresentation on his part and petitioner should not be penalized by making recovery of the excess difference amount, as he is not responsible for such grant. The amount received pursuant to grant of Senior Selection Grade having already been appropriated by the petitioner, it shall be too harsh if the same is recovered. 5. Having heard counsel for the petitioner and the State, I direct the competent authority to consider the representation of the petitioner dated 30.7.2007, 3 Annexure-5 in the light of the submissions noted above, as early as possible in any case within two months from the date of receipt/ production of a copy of this order 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)