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Patna High Court

Vijay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court quashed the recovery letters/orders and allowed the writ petition, holding that no recovery shall be made for excess amounts paid to the petitioners.

Summary

Six retired teachers filed a writ petition challenging several letters and orders issued by the State of Bihar that recovered amounts from their death‑cum‑retirement gratuity. They contended that the recoveries violated a prior Patna High Court judgment dated 23 September 2022 in Chandrakant & Ors. v. State of Bihar, which held that excess benefits granted under the ACP/MACP schemes could not be reclaimed. The petitioners also relied on Supreme Court precedents (State of Punjab v. Rafiq Masih, 2015 4 SCC 334 and Thomas Daniel v. State of Kerala, 2022 SCC Online SC 536) that barred recovery of amounts already paid. The State argued that the earlier judgment had attained finality and no further relief was warranted. The Court examined the earlier judgments and held that the recovery orders were contrary to law, quashed the letters/orders, and directed that the recovered amounts be refunded with interest. Consequently, the writ petition was allowed.

Issues considered

  • Whether the recovery orders issued by the respondents are ultra vires in view of the Patna High Court judgment dated 23 September 2022 in Chandrakant & Ors. v. State of Bihar.
  • Whether Supreme Court decisions in State of Punjab v. Rafiq Masih and Thomas Daniel v. State of Kerala preclude recovery of excess amounts paid to teachers under the ACP/MACP schemes.
  • Whether the petitioners are entitled to have the recovery letters/orders quashed and the amounts refunded with penal interest.

Subjects

  • gratuity recovery
  • ACP scheme
  • MACP scheme
  • certiorari
  • writ petition
  • pension revision
  • Supreme Court precedent
  • public service

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3371 of 2026
                 ======================================================
           1.     Vijay Kumar Son of late Siya Sharan Prasad Singh, Resident of Village
                  Boria Dih Ward no.-07, P. S. Samastipur, District - Samastipur.
           2.    Ejaj Ahmed, son of Abdur Rahim, resident of Mohalla Ward no. 01,
                 Bardauni 2. P.S Bithan, District - Samastipur.
           3.    Md. Wokeel Ahmad, son of Late Solim Moayb Yaqub, resident of Village
                 Dharampur, P. S. Samastipur, District Samastipur.
           4.    Surendra Razak, son of Late Jungi Baitha, resident of Village Wajitpur, P. S
                 Ujiyarpur, District Samastipur.
           5.    Smt. Urmila Kumari Devi, wife of Surendra Razak, resident of Village-
                 Wajitpur, P.S Ujiyarpur, District - Samastipur.
           6.    Md. Imam Afzal, Son of Md. Anwarul Haque, resident of Village Ward no.-
                 02, Rahua P. S. Samastipur, District - Samastipur.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Additional Chief Secretary, Education
                 Department, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary, Education Department, Govt. of Bihar,
                 Patna.
           3.    The District Magistrate, Samastipur.
           4.    The District Education Officer, District - Samastipur.
           5.    The District Programme Officer (Establishment), District-Samastipur.
           6.    The Accountant General (A and E), Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Shailendra Kumar, Adv.
                 For the Respondent/s   :      Mr. Addl. Advocate General (13)
                 For the AG             :      Mr. Arun Kumar Arun, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   11-03-2026                 In this writ petition, the petitioners have prayed for

                   the following relief:-

                                  “(i) For issuance of writ in the nature of Certiorari
                          to quash the letter no.- 202211101794PO dated-
                          23.05.2022,       letter   no.-10/    PEN       030222101285        /
Patna High Court CWJC No.3371 of 2026(2) dt.11-03-2026
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                  202211101462          PO        dated   16.03.2022,   letter    no.-
                  202211101711PO dated 02.05.2022, letter no.- 10/PEN
                  060722102749 / 202211102205PO dated-27.08.2022,
                  letter no. 202211102152PO dated - 20.08.2022 letter no.-
                  10    /     PEN     300124101397/202211101810P1                dated
                  01.03.2024, whereby and whereunder the respondent no.-
                  6 has issued an order for recovery from the Gratuity /
                  death cum gratuity of the petitioners which is in the teeth
                  of the order dated- 23.09.2022, passed by the Hon'ble
                  High Court in C.W.J.C No.- 2783 of 2021 (Chandrakant
                  and others Vs. The State of Bihar and others) with
                  analogous cases.
                            (ii) For a direction to the respondent authorities to
                  refund the total amount with penal interest to the
                  petitioners which has been recovered without reason and
                  the recovery order is in the teeth of the order of the
                  Hon'ble High Court.”
                       2. Counsel for the petitioners submits that the instant

          case is squarely covered by the judgment dated 23.09.2022

          rendered by the Co-ordinate Bench of this Court in the case of

          Chandrakant & Ors. Vs. The State of Bihar & Ors. and other

          analogous cases, wherein, the Co-ordinate Bench has been

          pleased to pass the following order;

                            “28. In the opinion of this Court, therefore, merely
                  because the decision would affect several teachers who
                  have been wrongly granted said benefit and who have
                  also retired, illegality cannot be allowed to be
                  perpetuated.
Patna High Court CWJC No.3371 of 2026(2) dt.11-03-2026
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                          29. The prayer to quash the letter, dated
                  10.11.2020, is therefore liable to be rejected.
                          30. However, in the case of Syed Abdul Quadir
                  (supra) the Supreme Court examined whether recoveries
                  are required to be made in such circumstances and found
                  that the fault does not lie with the individual teachers to
                  whom the benefit has already been advanced and,
                  therefore, any amount which has already been released is
                  not required to be recovered. The view expressed in the
                  case of Syed Abdul Quadir has been reiterated by the
                  Apex Court in the case of State of Punjab & Ors. Vrs.
                  Rafiq Masih (white washer) & Ors. reported in (2015) 4
                  SCC 334 and further again reiterated in the case of
                  Thomas Daniel Vrs. State of Kerala & Ors. reported in
                  2022 SCC Online SC 536 wherein it has been held as
                  under:
                          "14. Coming to the facts of the present case, it is
                          not contended before us that on account of the
                          misrepresentation or fraud played by the appellant,
                          the excess amounts have been paid. The appellant
                          has retired on 31.03.1999. In fact, the case of the
                          respondents is that excess payment was made due
                          to a mistake in interpreting Kerala Service Rules
                          which was subsequently pointed out by the
                          Accountant General."
                          31. In view of the above, the contention raised by
                  the petitioners of having benefit of ACP Scheme or
                  MACP Scheme fails and the order passed by the
                  respondents, dated 10.11.2020 and consequential orders
                  thereto are upheld holding that the petitioners would only
Patna High Court CWJC No.3371 of 2026(2) dt.11-03-2026
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                  be entitled to the benefits grated to them under Circular,
                  dated 16.11.2000.
                          32. However, it is further held that the petitioners
                  and other teachers who were wrongfully granted benefit
                  of ACP/MACP would have to get their pay fixation
                  revised and if they have retired, their pension would also
                  be accordingly revised. But, no recovery shall be made
                  for the extra amount which they have received.
                          33. All writ petitions are accordingly decided. No
                  costs.”
                      3. Counsel for the petitioners further submits that the

          relief in the instant writ petition is only with regard to the

          recovery order passed by the respondents which is in the teeth

          of the order of the Hon’ble Apex Court in the case of State of

          Punjab & Ors. vs. Rafiq Masih (white washer) & Ors. reported

          in (2015) 4 SCC 334 and Thomas Daniel Vs. State of Kerala &

          Ors. reported in 2022 SCC Online SC 536 and as also the order

          passed by the Co-ordinate Bench in the case of Chandrakant

          (supra).

                      4. On the other hand, counsel for the State submits

          that since the issues have already been put at rest by the Co-

          ordinate Bench relying upon the various judgments passed by

          the Hon’ble Apex Court and the said order has attained finality,

          there is no reason for taking a divergent view in the case of the

          petitioners.
          Patna High Court CWJC No.3371 of 2026(2) dt.11-03-2026
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                                5. Considering the fact that the issues have already

                    been put at rest and the recovery, which is said to have been

                    made from the death-cum-retiral gratuity of the petitioners has

                    already been held to be in teeth of the order dated 23.09.2022

                    passed by the Co-ordinate Bench of this Court in the case of

                    Chandrakant (supra), this Court has no hesitation in granting the

                    similar relief to the petitioners and, accordingly, the letter nos.

                    202211101794PO            dated-23.05.2022,    letter     no.-10/   PEN

                    030222101285 /202211101462 PO dated 16.03.2022, letter no.-

                    202211101711PO           dated 02.05.2022,     letter     no.-   10/PEN

                    060722102749 / 202211102205PO dated-27.08.2022, letter no.

                    202211102152PO dated 20.08.2022 letter no.- 10 / PEN

                    300124101397/202211101810P1 dated 01.03.2024 are quashed.

                                6. Accordingly, the writ petition stands allowed.



                                                                            (Ajit Kumar, J)
rishi/-

U


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