1. This application has been preferred by the State of Jharkhand against the judgment dated 21st June, 2005, passed by the learned Single Judge in W.P.(S) No. 6717 of 2004, whereby and whereunder, the learned Single Judge while set aside Office Order .No. 195/2004, communicated vide Memo No. 669 dated 26th May, 2004, held that the respondents cannot recover any amount from the petitioners gratuity and thereby, directed to refund the amount, already recovered, with statutory interest and on failure, to pay compensatory interest at the rate of 10% per annum.

2. The question, requires to be determined in this case, is whether the amount, if any, paid in excess, due to calculation mistake, can be recovered from pension or gratuity of a Government employee? If the aforesaid question is answered in affirmative and in favour of the State, then the following question will arise (a) who is the competent authority to recover/adjust such amount? (b) what will be the procedure to recover/adjust such amount? and (c) whether there is any period of limitation to recover such dues?

3. Brief facts of the case are that the appellant joined the services of the then State of Bihar as Constable