1. The matter had been adjourned on January 21, 2008 on the fair submission made on behalf of the State that a justification as to the deduction would be attempted only upon instructions being obtained from the appropriate department.

2. The matter next appeared on April 1, 2008 when further time was sought on behalf of the State. Counsel for the State submits that no instructions have been forthcoming. It is understandable why no instructions have been forthcoming.

3. The petitioner retired on January 31, 2004. The petitioner last held the post of Assistant Teacher. In the calculations furnished by the Finance Department upon the petitioner's superannuation, a sum of Rs. 1,61,484.16 was deducted from the retiral benefits of the petitioner on the ground of "overdrawal in pay etc.". The petitioner instituted W.P. 814(W) 2005 before this Court.

4. The earlier writ petition was disposed of by an order dated September 15, 2005 where the Court recorded that since no affidavit had not been filed on behalf of the respondents despite directions being given, there was nothing to show how such sum could be deducted from the petitioner's retiral dues. As in the present case, the Court re