IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3029 of 2010 BRAHMA NAND SINHA SON OF LATE KISHAN LAL, RESIDENT OF MOHALLA- THAKURBARI, P.O. + P.S. THAKURBARI, DISTRICT- JEHANABAD. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, PATNA THROUGH ITS SECRETARY. 2. THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, PATNA 3. FINANCE CONTROLLER NO.1, BIHAR STATE ELECTRICITY BOARD, PATNA 4. DIRECTOR (TERMINAL BENEFIT) BIHAR STATE ELECTRICITY BOARD, PATNA 5. DEPUTY DIRECTOR OF ACCOUNTS (SECTT) BIHAR STATE ELECTRICITY BOARD, PATNA 6. THE ACCOUNTS OFFICER, TRANSMISSION CIRCLE, PUNAICHAK, PATNA 2 22.02.2010 Heard learned counsel for the petitioner. The grievance of the petitioner is against the order as contained in memo no. 604 dated 11.06.2009 (Annexure-1) whereby the Financial Controller of the Board while sanctioning the death-cum-gratuity to the tune of Rs. 3,50,000/- directed for recovery of a sum of Rs. 99,149.10 allegedly on account of excess pay drawn due to wrong fixation. Learned counsel for the petitioner submits that for the alleged excess payment on account of wrong pay fixation, petitioner can not be held responsible since for receiving the pay petitioner did not play any fraud or misrepresented the authorities in any manner, and therefore, after his retirement no money can be recovered from the retiral dues as has been done in the case of the petitioner. Learned counsel for the petitioner submits that against the aforesaid order as contained in Annexure-1 petitioner has not filed any representation before the - 2 - concerned authority that no amount can be recovered from his terminal dues, and as such, petitioner proposes to file a representation before the Secretary of the respondent-Board stating his grievances with regard to recovery of the aforesaid amount from the gratuity sanctioned to the petitioner vide Annexure-1 of the writ application. In such view of the matter, in case such representation stating details of unpaid claims is filed by the petitioner before the Secretary of the respondent-Board 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 representation of the petitioner shall be considered in accordance with law expeditiously, preferably within a period of three months on receipt of such representation so that the grievances of the petitioner could be settled without delay. Upon consideration if any of the claims of the petitioner is found not admissible, the same shall be disposed of by reasoned order with reasons thereof and such order shall be communicated to the petitioner. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)