IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2429 of 2002 Rajendra Prasad Sharma, son of Late Ram Dhani Prasad Sharma, resident of village Ramchandrapur, P.O.- Ramchandrapur, P.S. Piparia, District- Lakhisarai …… Petitioner Versus 1.The State Of Bihar through the Commissioner and Secretary, Primary and Adult Education Department, Bihar Vikas Bhawan, Patna 2.Director, Primary Education, Bihar, Vikas Bhawan, Patna 3.District Superintendent of Education, Lakhisarai …… Respondents ----------- 4. 07/08/2009 Heard learned counsel for the petitioner and learned counsel for the State. From Annexure-5 it appears that the Accountant General was advised to re-fix the pay scale of the petitioner in terms of Resolution No.1000 dated 20.2.1993 and fix the pensionary benefits of the petitioner accordingly. Learned counsel for the State submits that the validity of the said Resolution no.1000 dated 20.2.1993 has been upheld by the Hon’ble Supreme Court in the case of Syed Abdul Qadir Vs. The State of Bihar, reported in 2009(2) PLJR 74(SC). However, Hon’ble Supreme Court upheld the judgment of the learned single Judge of this Court declaring that the said Resolution shall operate prospectively, therefore, Hon’ble Supreme Court restrained the respondents from - 2 - recovering any amount paid to the incumbents prior to the issue of the said Resolution in terms of their pay scale fixed on the basis of Rule 22(c) of the Fundamental Rules. Learned counsel for the petitioner submits that Annexure-5 does not spell out with regard to recovery, but some recovery may have been made from the pensionary benefits of the petitioner in terms of the said re-fixation. If that is so, order of the Hon’ble Supreme Court, as referred to above, will apply in the case of the petitioner also and any amount recovered from the pensionary benefits of the petitioner is liable to be refunded to him. Accordingly respondents are directed to refund any amount recovered from the pensionary benefits of the petitioner allegedly paid in excess to the amount he was entitled to be paid on the basis of re-fixation of the salary in terms of the said Resolution No.1000 dated 20.2.1993, as expeditiously as possible. This writ application is disposed of with the above observations and directions. Pradeep/ (J. N. Singh, J.)