IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15355 of 2009 1. UMESH CHANDRA RAI S/O LATE MITHAN RAI R/OVILL AULIABAD, P.O. JHANDAPUR, P.S.BIHPUR, DISTT- BHAGALPUR Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT. BIHAR, PATNA 2. A.G. BIHAR, PATNA 3. DIRECTOR, SECONDARY EDUCATION BIHAR, PATNA 4. R.D.D.E. MUNGER 5. D.E.O. MUNGER 6. T.O. TREASURY OFFICER MUNGER 7. SENIOR ACCOUNT OFFICER, (ACCOUNTANT GENERAL) BIHAR, PATNA ----------- 2. 25.02.2010 Heard the counsel for the petitioner, the state as well as the Accountant General. Petitioner has retired from his service as Assistant Teacher on 31.12.1999. After superannuation, all his pensionary benefits have been paid. This application has been filed for quashing of the order dated 16.07.2002 whereby an order dated 01.05.2002 was issued from the office of Accountant General, Bihar & Jharkhand. By this order, some amount has been recovered from the gratuity of the petitioner. Further case of the petitioner is that during the service period, he was not allowed the benefit of Assured Career Progression (A.C.P.). 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 - 2 - 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. I find that no cause of action is available to the petitioner for filing this writ application as the recovery order was issued at the request of the petitioner himself. This writ application is dismissed. Akv/ (Mridula Mishra, J.)