IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6889 of 2010 KRISHNA MOHAN PATHAK SON OF LATE JAGARNATH PATHAK, RESIDENT OF PARAIYA ROAD, MAHADEV ASTHAN, P.O.+P.S. – GARARU, DISTRICT - GAYA Versus 1. THE BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN VIDHUT BHAWAN, BAILEY ROAD, PATNA. 2. CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, VIDHUT BHAWAN, BAILEY ROAD, PATNA 3. THE GENERAL MANAGER-CUM-CHIEF ENGINEER, CENTRAL ELECTRIC SUPPLY AREA, BIHAR STATE ELECTRICITY BOARD, VIDHUT BHAWAN,BAILEY ROAD, PATNA. 4. DEPUTY DIRECTOR OF ACCOUNTS, CENTRAL ELECTRIC SUPPLY AREA, BIHAR STATE ELECTRICITY BOARD, VIDHUT BHAWAN, BAILEY ROAD, PATNA. 5. SUPERINTENDING ENGINEER, NALANDA ELECTRIC SUPPLY CIRCLE, BIHARSHARIF, NALANDA. ----------- 03. 22.04.2010 Heard learned counsels for the petitioner and Ms. Nivedita Nirvikar, learned counsel appearing on behalf of the respondent – Board. The grievance of the petitioner is that his pension was reduced as per the pension payment order issued on 21.01.2009 as contained in Annexure-7 and also against the order no. 4216 dated 21.01.2009 whereby while sanctioning the gratuity to the tune of Rs. 3,19,605/- a sum of Rs. 1,25,353/- was directed to be recovered on account of excess wage drawn by the petitioner. Learned counsel for the petitioner submits that petitioner did not draw any excess wages as his promotion was given correctly, however, if at all there has been excess payment made to the petitioner, 2 petitioner can not be faulted for the same as the petitioner did not play any fraud or misrepresentation on the authority concerned in granting the promotion which entitled the petitioner to receive its benefit. Learned counsel for the respondent–Board submits that petitioner has filed the present writ application alleging that his promotion was correctly given and also that he did not play any fraud or misrepresentation. In the above circumstances, learned counsel for the petitioner submits that for expeditious disposal of the pending claims, petitioner proposes to file a representation before the respondent no. 3 In such view of the matter, in case such representation stating details of unpaid claims is filed by the petitioner within a period of six weeks along with the certified copy of the present order as also the copy of the relevant documents, if any, in support of the claim, the above respondent shall consider the claims of the petitioner as raised in the representation in accordance with law expeditiously, preferably within a period of four months on receipt of such representation which shall be disposed of by reasoned order. Upon consideration if the representation of 3 the petitioner finds favour, the amount if recovered pursuant to Annexure-10 may be refunded back to the petitioner. The writ application stands disposed of with the above observations/directions. Jagdish ( Shailesh Kumar Sinha, J)