S.K.Katriar, J.

1. Mr. Satish Kumar Agarwal for the petitioner, Mr. P.K. Rajgrihar, learned junior counsel to Standing Counsel No. X for respondent Nos. 1 to 9, and Mr. J.P. Karn for respondent No. 10 [The Accountant General (Accounts and Entitlement) II, Bihar, Patna] are present.

2. According to the writ petition, the petitioner had initially joined the services of the Bihar Government as a Draftsman on 21.7.1962. He was promoted to the post of Junior Engineer on 13.12.1973, and served as such in different offices. He had been given advance in instalments for completion of a civil work. The petitioner superannuated in the same capacity with effect from 31.12.1999, which functioning as Junior Engineer in the Office of the Building Construction Division, Bettiah. The petitioner raises a grievance before this Court that a sum of Rs. 4,58,919.40 p. is sought to be adjusted against his post-retirement benefit which is impermissible in law.

3. Respondent Nos. 1 to 9 have filed their counter affidavit wherein it is stated that the petitioner was given the aforesaid sum by way of advance in different instalments to complete the civil work, only 85 per cent of which was completed