R.M.Prasad, J.

1. The petitioner who retired as Junior Engineer on 31-10-1993 while posted in Minor Irrigation Circle, Muzaffarpur, is aggrieved on account of deduction of Rs. 27,436.13 pension and adjustment of Rs. 13,640.00 from the sanctioned amount of leave encashment against the temporary advance received by him and has thus sought for direction to the respondents to pay him the said amount.

2. The petitioner during the period of his service had taken advance for execution of certain work and the dispute is with respect to utilisation of amount. According to the petitioner the work was executed and the amount advanced to him was utilised. The respondents also admit that the work has been done and bills were submitted by the petitioner but the work done by him was not for which the advance was received by him. Annexure-4 which is the letter of the Superintending Engineer, Minor Irrigation Circle, Muzaffarpur, also supports the said facts. However, the matter was inquired into at different times and it has been found that the petitioner is liable to refund a sum of Rs. 51,076.00 .

3. It is contended on behalf of the petitioner that as the work in respect of which the pet