IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5287 of 2006 BHUVNESHWAR PRASAD VERMA . Versus THE BIHAR STATE ELECTRICITY BO . ----------- 06. 20.05.2011 By means of this writ petition the petitioner has prayed for writ of certiorari to quash the impugned order No.4 dated 12.08.2002 and Memo No.808 dated 23.04.2003, by which recovery is sought to be made from the pension and gratuity of the petitioner. The ground for issue of recovery notice is that the petitioner has been paid access amount on account of wrong fixation of increments in favour of the petitioner. This objection was never raised during the period the petitioner was in service and he was paid the salary and pension of the petitioner, which was fixed on the last pay drawn. Petitioner retired in the year 2002 and notice has been issued thereafter in the year 2002 (Annexures-1 & 1A). From perusal of Annexure- 1 the order dated 12.08.2002, it is clear that the petitioner has not been given any opportunity as to whether he was responsible for incorrect fixation of revised pay scale or not and vide Annexure-1A, the 2 Financial Controller has directed the Deputy Director of Accounts (Sectt.), Bihar State Electricity Board, Patna to deduct Rs.1,12,636.60 from the gratuity of the petitioner. It is settled law that no reduction can be made from the gratuity of a retired person. It has to be paid in full. So far as deduction from pension is concerned, since the petitioner was not guilty for withdrawal of the amount paid to him, therefore, recovery cannot be made from the petitioner. Thus, both the impugned orders are quashed and the writ petition is accordingly allowed. Mkr. ( Prakash Chandra Verma, J. )