IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12231 of 2009 HARENDRA PRASAD SINGH, SON OF LATE JANAK SINGH, RESIDENT OF VILLAGE- DEWAPUR, P.S.- BARAULI, DISTRICT- GOPALGANJ. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER- CUM-SECRETARY, MINOR IRRIGATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE CO-ORDINATOR-CUM-CHIEF ENGINEER, TUBE WELL PROJECT, MUZAFFARPUR. 3. THE FINANCE SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 4. THE CHIEF ENGINEER, NORTH NALKUP PRABHAG, MUZAFFARPUR, MINOR WATER RESOURCES, GOVERNMENT OF BIHAR, PATNA. 5. THE EXECUTIVE ENGINEER, TUBE WELL, DIVISION, SIWAN. ... ... RESPONDENTS. ----------- 2. 15.9.2009. Heard learned counsel for the petitioner and the State. Petitioner, who superannuated while serving as Electrician in the Tube Well Division, Siwan has filed this writ application assailing the office order of the Executive Engineer bearing letter no.353 dated 23.6.2009 (Annexure-1) where under it has been held that in compliance of the instructions of the Chief Engineer, North, Tube Well Zone, his pay scale has been fixed in the scale of Rs.425-605/- with effect from 1.1.1981, in the scale of Rs.950-1400/- with effect from 1.1.1986 and in the scale of Rs.3050-4590/- with effect from 1.1.1996 with - 2 - further direction to make recovery of the excess amount paid to the petitioner. Petitioner is also aggrieved by the subsequent office order bearing Memo No.354 dated 23.6.2009 (Annexure-2)whereunder a sum of Rs.1,03,388/- has been directed to be recovered in the light of Annexure-1. It is submitted on behalf of the petitioner that in compliance of the instructions of the State Government bearing Memo No.539 dated 5.2.2001, he is entitled to the scale of Rs.4,000-6,000/- with effect from 1.1.1996 and ignoring such direction of the State Government, the Executive Engineer has passed the impugned Annexures 1 and 2 after the retirement of the petitioner only with a view to harass him that too without giving any opportunity of being heard. In this connection, learned counsel for the petitioner has also referred to the order of this Court dated 15.12.2005 passed in C.W.J.C. No.15337 of 2004 (Annexure-6) where under this Court observed that the electricians serving in the Tube Well Division are entitled to scale of Rs.4,000- - 3 - N.H./ 6,000/- with effect from 1.1.1996 and on that basis recovery from Taufique Ahmad has been dispensed with. Let the petitioner assail the orders of the Executive Engineer dated 23.6.2009 as contained in Annexures 1 and 2 before the departmental Secretary by filing a representation asserting that the two orders are violative of the instructions of the State Government bearing letter no.534 dated 5.2.2001 (Annexure-5) as also the orders of this Court dated 15.12.2005 passed in C.W.J.C. No.15337 of 2004 (Annexure-6) and the representation be considered and disposed of as early as possible in any case within one month from the date of its receipt along with a certified copy of this order. In case, the representation is allowed the recoveries which has already been made must be refunded to the petitioner within the same time. ( V.N. Sinha,J.)