IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7580 of 2005 DINA NATH SINGH son of Late Ramdeo Singh, resident of village- Mohalla Gorhana Road, Powerganj, Ara, District- Bhojpur (Ara) Versus 1.THE CHAIRMAN,B.S.E.B. Vidyut Bhawan, Bailey Road, Patna 2.The General Manager-cum-Chief Engineer, Central Electric Supply Ara Serpentine Road, Patna 3.The Executive Engineer, Electric Supply Division Ara Bhojpur. 4.The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Patna ----------- 6 05.05.2009 As prayed for, learned counsel for the petitioner is permitted to add the Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna as respondent no.4 in this case. Heard learned counsels for the petitioner and the Board. Learned counsel for the petitioner submits that although the amount towards the gratuity was paid, however a sum of Rs.41,482/- was deducted from the aforesaid total amount of gratuity on account of the alleged excess pay drawn by the petitioner due to wrong fixation of pay. Learned counsel submits that the petitioner at no point of time was at fault as he neither submitted any calculation for fixation of pay scale nor he misrepresented the authorities in any manner, and as such, it was not justified on the part of the authorities to deduct that amount from the gratuity. As such, respondent-Board deserves to be directed to refund the amount with due interest. Learned counsel for the respondent-Board, on the other hand, submits that in order to consider whether the petitioner was at any fault or he misrepresented in connection with fixation of pay scale needs to be verified and examined. In the above circumstances, petitioner is permitted to make a representation before the newly added respondent no.4 within a period of four weeks from today along with the certified copy of the present order with regard to his grievances on account of deduction of the aforesaid amount from the gratuity. In case such representation is filed, the respondent no.4 shall consider and dispose of the same by a reasoned order in accordance with law expeditiously preferably within a period of four months on receipt of such representation. If the representation is disposed of in favour of the petitioner, the above respondent shall immediately issue necessary further orders so that the grievances of the petitioner with regard to deduction of the amount fro the gratuity could be redressed without further delay in the light of the order passed by him on the representation. The writ application is disposed of with the above observations/directions. (Shailesh Kumar Sinha,J.) Manish/-