IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10585 of 2010 1. CHANDRA MOHAN JHA, S/O LATE RAMAKANT JHA, R/O VILLAGE KABILPUR, P.S. BAHADURPUR, DISTRICT- DARBHANGA. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT,GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR,HIGHER EDUCATION, HUMAN RESOURCES DEPARTMENT,GOVT. OF BIHAR, PATNA. 4. THE CHAIRMAN CUM SECRETARY,MAITHILI ACADEMY, SHASTRINAGAR, FLAT NO. 40/800, PATNA-23 THROUGH ITS CHAIRMAN CUM SECRETARY PATNA. ----------- 4. 16.07.2010. Counsel for the petitioner has filed rejoinder affidavit, which is taken on record. 2. Counsel for the Respondents states that he may be permitted to correct the counter affidavit. Permission is accorded. 3. Heard learned counsel for the petitioner, State and the counsel for the Maithili Academy. 4. Petitioner is aggrieved by the office order dated 15.6.2010 passed by the Chairman-cum-Director, Maithili Academy, Patna, Annexure-1, whereunder with reference to the Higher Education Department Letter No. 2205 dated 8.12.2001, Annexure-10 direction has been made to recover Rs. 1,21,400/- from the salary of the petitioner in 35 instalments as according to the respondent-Academy aforesaid amount was paid to the petitioner in excess of the salary admissible to him. 5. It is submitted on behalf of the petitioner that instruction of the Higher Education Department bearing Letter No. 2205 dated 8.12.2001, Annexure-10 was challenged by him in C.W.J.C. No. 2566/02 before this Court. The Respondent Maithili - 2 - Academy instructed the petitioner to withdraw the writ petition on the assurance that if the writ petition is withdrawn the scale allowed to him prior to issue of letter dated 8.12.2001 shall be continued. In the light of the instructions contained in Office Order No. 179/06 dated 4.10.2006, Annexure-13/A petitioner proceeded to withdraw the writ petition, as would appear from the orders of this Court dated 17.10.2006, Annexure-14. After withdrawal of the writ petition salary of the petitioner in the pay-scale of the Routine Clerk was fixed under Office Order No. 12/07 dated 9.1.2007, Annexure-15 with effect from 20.1.1999 and now without considering the office order dated 9.1.2007, Annexure-15 the impugned order dated 15.6.2010, Annexure-1 directing recovery of Rs. 1,21,400/- has been passed. 6. Counsel for the Maithili Academy submitted that pay fixed under office order dated 9.01.2007, Annexure-15 is not in accordance with law as petitioner was entitled for Rs. 1125/- in April, 2007 but under mistaken impression was allowed salary of Rs. 1770/- and the mistake continued until issue of the impugned order. The present recovery has been directed to recover the amount paid in excess from April, 2007 till the date of issue of the impugned order. 7. Having heard counsel for the petitioner and the respondents, I direct the petitioner to represent before the Chairman-cum-Director of the Maithili Academy placing reliance on the office order bearing Memo No. 179/06 dated 4.10.2006, - 3 - Annexure-13/A and Memo No. 12/07 dated 9.1.2007, Annexure-15 requesting him to revisit the direction to recover the amount as the same is contrary to the aforesaid two office orders, Annexures- 13/A and 15. The Chairman-cum-Director of the Maithili Academy should consider the representation of the petitioner as early as possible, in any case within one month from the date of its receipt along with a copy of this order and until disposal of the representation by a speaking order recovery in compliance of the order dated 15.6.2010, Annexure-1 be not made. 8. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)