IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8953 of 2008 RAJ KISHOR PRASAD, S/O LATE CHANDRESHWAR PRASAD, POSTED AS PEON IN THE OFFICE OF THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA, P.S.-BIHAR SHARIF, DISTRICT-NALANDA. …………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT VIKAS BHAWAN, PATNA. 2. THE DIRECTOR (PRIMARY EDUCATION), HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, VIKAS BHAWAN, PATNA. 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PATNA DIVISION, PATNA. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA. ……………RESPONDENTS. ----------- 4 12.09.2011 Learned counsel for the petitioner fairly confines his prayer in this writ application for quashing of recovery part of impugned annexure-1. He submits that, in view of the Full Bench judgment of this Court in the case of Ram Binod Singh & Ors. Vs. the State of Bihar & Ors. [2007 (3) PLJR 398], the order of recovery is bad in law. Learned counsel for the respondents does not dispute that. It appears that the time bound promotion was granted to the petitioner from an earlier date counting his services as casual labour without any misrepresentation or fraud on the part of the petitioner and it 2 was a cautious decision of the respondents on their own. In the circumstances, this Court finds that the said impugned order, as contained in Annexure-1 so far as direction for recovery of the excess paid to the petitioner is concerned, is in the teeth of the said Full Bench judgment of this Court. In the circumstances, the part of annexure-1 by which excess amount paid to the petitioner has been directed to be recovered is quashed. The writ application is disposed of. Arvind/ ( J.N. Singh, J.)