IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8985 of 2006 Dukha Mian, Son of Late Bilat Mian, resident of Village-Auran, P.S Bihra, District-Saharsa -------------- Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Saharsa 3. Sub Divisional Officer, Saharsa 4. Block Development Officer, Sattar Kataiya, Saharsa 5. Secretary , Finance Department, Bihar,Patna 6. Chief Secretary,Bihar,Patna -------------------- Respondents. ----------- 02 23-03-2011 Heard Ms. Malika Mazumdar, learned counsel for the petitioner and Sri Pawan Kumar, learned A.C. to Govt. Advocate No.5. The present writ petition was filed on 27.7.2006 after serving a copy of the same on the State. However, till date no counter affidavit has been filed. The petitioner functioned as Chowkidar, Police Station-Bihra, District-Saharsa. He functioned as Chowkidar up to 30.11.2002 .After retirement vide Annexure-1 i.e. letter no.231-2 dated 4.3.2003 issued by Respondent no.2/ the District Magistrate, Saharsa, a decision was taken to recover the amount from retiral dues of the petitioner since he functioned even after due date of retirement. As per Annexure-1, the petitioner was to retire w.e.f. 30.11.2000. Pursuant to Annexure-1, recovery of Rs.74, 375/- was made from the petitioner. The petitioner has prayed for directing the Respondents to refund the amount with interest which was illegally recovered from him. It was submitted by the learned counsel for the petitioner that the petitioner had discharged his duty and has functioned as Chowkidar up to 2 30.11.2002 and whatever amount was paid under the head of salary was paid to him due to discharge of service by him. As such, recovery order was illegal. In absence of any counter affidavit, the Court is of the opinion that the writ petition is fit to be allowed and accordingly the same is allowed. The Respondents, particularly Respondent no.2 is directed to take steps to refund the recovered amount of Rs.74,375/- along with simple interest @ 6 % per annum thereon to the petitioner within a period of three months from the date of receipt/production of a copy of this order. The petition stands allowed. NKS/- ( Rakesh Kumar,J.)