IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.263 of 2003 DHARMADEO PRASAD SINGH son of Raj Kishore Prasad Singh, resident of village- Baral, P. O. Baral, P. S.- Supaul, District- Saharsa (Previously Supaul). … Petitioner. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna. 2. District Superintendent of Education, Saharsa 3. Principal Middle School Purikh, Block, Sattar Jatauta District Saharsa. 4. Accountant General, Bihar Patna. 5. Senior Accounts Officer, Office of Accountant General, Bihar, Patna. … Respondents. ----------- 3. 02.07.2010 Heard counsel for the petitioner, counsel for the State as also counsel for the Accountant General. The prayer in this writ petition reads as follows:- “1. That this is an application for issuance of an appropriate writ order or direction for quashing the order as contained in Annexure-1 issued by the office of the Accountant General, Bihar Patna dt. 21.12.2001 whereby recovery of the excess amount paid to the petitioner has been ordered to be made as the same was paid to the petitioner due to wrong fixation of pay on 1.1.86 by the authorities i.e. because of their fault and not due to any fraud or misrepresentation on behalf of the petitioner and thus the same cannot be recovered as per decisions of this Hon’ble Court and Hon’ble Apex Court and for any other order or orders as your lordships may deem fit and proper under the circumstances of the case including staying the order as contained in 2 Annexure-1 during the pendency of the case.” Mr. Ebrahim Kabir, learned counsel for the petitioner would submit that he would not question the pay fixation made by the Office of the Accountant- General as with regard to the petitioner who had retired from service on 31.1.2001 but then as the impugned order dated 24.12.2001 passed after the retirement of the petitioner also entails consequences of recovery of alleged amount of one increment w.e.f. 1.1.1986, the petitioner may not be at least be subjected to any recovery of the said amount inasmuch as there was no misrepresentation or fraud on the part of the petitioner in such pay fixation or grant of increment to him w.e.f. 1.1.1986. As usual there is no counter affidavit either on behalf of the State or the Accountant General and this Court is not aware as to under which way the office of the Accountant General came to the conclusion of an anomaly in pay fixation of the petitioner. Nonetheless, as the counsel for the petitioner himself would not question the pay fixation or reduction of one increment, the pay fixation made by the office of the 3 Accountant General is accepted and approved and it is directed that all the retirement benefit to the petitioner shall be paid only on the basis of the order dated 24.12.2001 of the A.G, Bihar as contained in Annexure-1 to this writ application. It is, however, made clear that the petitioner will not be subjected to any recovery of any alleged excess amount drawn by him on account of increment granted to him with effect from 1.1.1986 as there is no fraud and/or misrepresentation on his part in getting the benefit of such increment. With the aforementioned observations and directions, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)