CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

3 11-12-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The instant writ application has been filed for the following reliefs:-

(i) For quashing the letter dated 03.02.2024 issued by the Respondent No.5 and contained in letter no.310 dated 03.02.2024, whereby and whereunder the Respondent No.5 has been pleased to request the Respondent No.6 to recover the amount of Rs.4,17,984/- from the pensionary benefits of the petitioner as fixed by the office of the Accountant General, Bihar, Patna vide memo no. 03/ PEN171123033181/ 202311031719PO dated 18.12.2023 on the ground that in view of the law laid down by the Hon’ble Supreme Court in the case of State of Punjab and others vs. Rafiq Mashi (White Washer) since reported in (2015) 4 SCC 334 as well as in the case of Thomas Daniel vs. State of Kerala and others, there shall be no recovery from a retired government servant.

(ii) For directing the respondent authorities to refund the amount of Rs.4,17,984/- with penal interest which was illegally deducted by the Respondent No.6 on the request made by the Respondent No.5 from the pensionary benefits of the pet