IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.624 of 2006 1. THE STATE OF BIHAR 2. The Agriculture Production Commissioner-cum- Secretary Department of Agriculture, Government of Bihar, New Secretariat, Patna 3. The Director of Agriculture, Government of Bihar, New Secretariat, Patna 4. The Director, Soil Conservation Directorate, Government of Bihar, 4th Floor, New Secretariat, Patna 5. The Director, Soil Conservation Directorate, Mithapur Farm, Patna 6. The Secretary, Department of Finance, Government of Bihar, Patna ….Appellants/Respondents Versus ARUN KUMAR BOSE, Son of Late Sachindra Nath Bose, resident of Flat no.103, `A’ Block, Devashraya Apartment, Bhikhna Pahari, Police Station Pirbahore, District Patna …..Respondent/Petitioner ----------- 05- 29.6.2010 Heard Mr. Arun Kumar Chongdar, learned Assistant Counsel to AAG II, for the appellants, and Mr. Pushkar Narain Shahi for the respondent. This appeal under clause 10 of the Letters Patent of the High Court of Judicature of Patna, raises a grievance with respect to the order dated 7.7.2005, passed by a learned single Judge of this Court in CWJC No.4694 of 2000 (Arun Kumar Bose vs. State of Bihar & Ors.), whereby the writ petition has been allowed and recovery of excess amount, if any, from post-retirement benefits of the writ petitioner, has been set aside. It appears that the writ petitioner was an Artist-cum- Photographer in the services of the Bihar Government. He superannuated with effect from 30.11.1998. Shortly before his superannuation, he was visited with the order impugned before the learned writ court whereby it was communicated to him that he had erroneously been given a higher replacement pay-scale 2 and, therefore, was sought to be recovered from his post- retirement benefits. The petitioner challenged the same by preferring the said CWJC No.4694 of 2000 which has been allowed by the learned writ court. It further appears that the petitioner superannuated twelve years ago. Secondly, no misrepresentation or the like is attributable to the writ petitioner. Thirdly, the question as to which replacement pay-scale was available to the writ petitioner is now of historical importance because the writ petitioner had got the benefits under recommendation of the Fourth Pay Revision Commission and Fifth Pay Revision Commission which have now been replaced by the Sixth Pay Revision Commission of the Bihar Government. In the circumstances, we are not inclined to interfere with the order of the learned single Judge. Learned counsel for the writ petitioner has rightly relied on the following observations of the Supreme Court in the case of Syed Abdul Qadir vs.State of Bihar [(2009) 3 SCC 475]:- “61. In the result, the appeals are allowed in part; the impugned judgment so far as it relates to the direction given for recovery of the amount that has been paid in excess to the appellant teachers is set aside and that part of the impugned judgment whereby it has been held by the Division Bench that the amended provisions of FR 22-C would apply to the appellant teachers is upheld. We direct that no recovery of the excess amount, that has been paid to the teachers of secondary schools, be made, irrespective of the fact whether they have moved this Court or not. We also direct that the amount that has been recovered from some of the teachers, after the impugned judgment was passed by the High Court, irrespective of the fact whether they have moved this Court or not, be refunded to them within three months from the date of receipt of copy of this 3 judgment.” 2. In the result, this appeal is dismissed without any order as to costs. 3. We are informed at the Bar that portion of the amount was recovered from the post-retirement benefits of the writ petitioner. Let the same be refunded to him with interest @ 6% from the date of recovery till the date of payment. This order should not be taken to be an expression of views of this Court about the exact pay-scale admissible to the employees of the category of the writ petitioner. ( S K Katriar ) ( Birendra Prasad Verma ) mrl