R.M.Prasad, J.

1. In this writ petition, the petitioner, who retired from the service of the Respondent-Board on 30th April, 1999, is aggrieved on account of non-release of gratuity amount in the revised scale and further on account of recovery of a sum of Rs. 26,147 of the alleged excess amount drawn by him on account of erroneous fixation of pay on his promotion.

2. A counter-affidavit has been filed on behalf of Respondent-Board and its officials. The amount of gratuity totalling to a sum of Rs. 52,732 has already been paid vide cheque No. 370206 dated 28-4-2003. With regard to the recovery from the total amount of gratuity of Rs. 78,878.80, it is stated that the same has been recovered on account of excess pay paid to the petitioner due to wrong fixation of pay. According to the Board, the petitioner was informed about the discrepancy in the pay fixation vide letter No. 2144 dated 4-10-2001, copy whereof has been annexed as Annexure-C, but till date he has neither challenged the same not questioned the validity of the same. Hence, at this stage only when the consequential action has been sought to be taken, the petitioner cannot be allowed to challenge the same belatedl