IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.786 of 2003 Lakhan Lal, late Puhup Lal, resident of village Radhaur, P.O. Radhaur, P.S. Sursand, District Sitamarhi … Petitioner Versus 1. The State Of Bihar, through the Secretary/ Commissioner, Human Resources Department, Govt. of Bihar, Patna 2. The Secretary/ Commissioner, Human Resources Department, Govt. of Bihar, Patna 3. The Director, Primary Education, Bihar, Patna 4. The District Superintendent of Education, Sitamarhi 5. The Headmaster, Middle School, Bangaon, Bazar, Bajpatti, District Sitamarhi 6. The Accountant General, Bihar, Patna 7. Senior Account Officer, Office of the Accountant General (A & E) II, Bihar, Patna … Respondents ---------------------------------- 5. 21.9.2011 Having restored this application in terms of the order passed in M.J.C.No. 2934/2010 passed today this Court, in view of the very limited submissions made by the learned counsel for the petitioner and a very straightforward answer by the learned counsel for the State, would dispose of the present writ application by holding that the petitioner in respect of following relief : “(a) For grant of an appropriate writ for quashing letter No. PEN-13-SA-1359 dated 27.10.2001/ 8.10.2001 issued under the signature of the Senior Accounts Officer, office of the Accountant General (A & E)-II, Bihar, Patna (Annexure 1) refixing the pay of the petitioner with effect from 1.1.1986 and directing the District Superintendent of Education of Sitamarhi to adjust/ recover the alleged excess pay and allowances paid to the petitioner since 16.8.1989 till his superannuation. (b) For grant of an appropriate writ for quashing the pay fixation of the petitioner by the headmaster, Middle School, Bangaon Bazar on 13.11.2001 2 (Annexure 2) with effect from 1.1.1986 in the light of the letter of the Accountant General, Bihar. (c) For grant of the appropriate consequential relief on account of quashing of the aforementioned letter of the Senior Accounts Officer dated 27.10.2001/ 8.10.2002 including quashing of the letter No. PEN- 13-17441 dated 11.1.2002 issued under the signature of the Senior Accounts Officer/ Assistant Accountant General, Office of the Accountant General (A & E), Bihar, Patna fixing the pension of the petitioner on the basis of the pay erroneously fixed by him (Annexure 3). (d) For grant of an appropriate writ for a direction to the respondents to fix the retiral dues of the petitioner including the pension and gratuity on the basis of the last pay drawn by the petitioner which was Rs. 7850/- per month. (e) For grant of an appropriate writ for a direction to the respondents to refund the amount illegally recovered from the retiral dues of the petitioner alongwith interest thereon.” not be entitled for anything else except refund of Rs. 18,899/- being the excess amount paid to the petitioner. In other words the petitioner’s pay fixation made by the office of the Accountant General with effect from 1.1.1986 based on his actual entitlement would remain unaltered and to that extent Annexures 1, 2 and 3 would also remain unchanged. The petitioner will infact get all his retirement benefit as per recalculated and re-determined amount of last salary but then the respondents would not be entitled to make any recovery on the head of excess amount paid to the petitioner. 3 If such amount as claimed in paragraph 15 to the tune of Rs. 18,899/- has already been recovered, the same must be refunded to the petitioner within a period of six months, inasmuch as the law on the subject stands settled by the Apex Court in the case of Syed Abdul Qadir & ors. vs. State of Bihar & ors., reported in (2009) 3 SCC 475, wherein it has been held that in absence of any fraud or misrepresentation on the part of the employee he cannot be made liable to refund any excess amount already paid to him. In the light of aforementioned observation and direction, this writ application is disposed of. (Mihir Kumar Jha,J.) Surendra/