IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1619 of 2010 1. SMT.GANGA DEVI W/O LATE DASHRATH SAH R/M BAKERGANJ,DALDALI ROAD,P.S.KADAM KUAN, DISTT-PATNA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESORCES DEVELOPMENT DEPARTMENT GOVT.OF BIHAR,PATNA 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR,PATNA 3. THE DIRECTOR , SECONDARY EDUCATION BIHAR,PATNA 4. THE INSPECTRESS CUM DEPUTY DIRECTRESS EDUCATION BIHAR,PATNA 5. THE PRINCIPAL , BNR TRAINING COLLEGE GULZARBAGH,PATNA ----------- 2/ 29/07/2010 Heard learned counsel for the petitioner and learned counsel for the State. The impugned order dated 25.2.2008 itself states that it was being passed after the retirement of the petitioner in 1998. It directs recovery of the monetary benefits given to her consequent to the first and second time bound promotion granted during service. If delay is a factor which unseats the petitioner, this Court shall apply the same yardstick to the respondents. A government servant who retires has no other source of income except pension. If the Government wishes to reopen settled matters it must be so done within a reasonable period. This Court considers a period of 10 years sufficiently long not to allow the respondents - 2 - to reopen matters which, in any event, appear to have been done ex parte as there is no recital that it was done after due notice to the petitioner. Whether it be the aspect of delay or violation of principles of natural justice, this Court finds it difficult to sustain the order dated 25.2.2008. It is accordingly set aside. Any recovery which is stated to have been made from the petitioner in pursuance of the aforesaid order is directed to be refunded to her within a maximum period of two months from the date of receipt/presentation of a copy of this order. The writ application stands allowed. KC ( Navin Sinha, J.)