Judgment 1. In this writ petition the petitioner has prayed for quashing of the order contained in Annexure 1, whereby and whereunder a sum of Rs. 45,519.49 paise, which is said to have been drawn in excess on account of non-passing of the Hindi Noting and Drafting Examination, has been sought to be recovered. 2. The question as to whether such recovery is to be made came up for consideration before a Division Bench of this Court in the case of Vijay Bahadur and another V/s. The Bihar State Electricity Board and others (C.W.J.C. No. 1007 and 4576 of 1997) and this Court vide its judgment dated 19th May, 1998 held that such recovery was not permissible if there is no misrepresentation made by the employee concerned. The said judgment of the Division Bench of this Court has now been approved by the Apex Court, vide its order dated 1st December, 1999 passed in Civil Appeal No. 6913 of 1999 arising out of S.L.P.(C) No. 7118 of 1999, a photo copy whereof has been produced by the learned counsel for the Board. 3. However, in the said order the Apex Court did not approve that part of the judgment of this Court whereby in paragraph 13 it was observed that the Board shall not be allowed to pass an order for recovery of the said amount as the said amount has already become due to them. According to the Apex Court, this observation sounds contrary to rule 8 of the Regulations which records that no arrears of the stopped increments shall be payable even though the person would pass the examination later on, but the Apex Court made it clear in the earlier paragraph that rule 8 will operate on its own and the Board will be at liberty to take appropriate steps in accordance with law except, however, in the case or cases which has/have attained finality; obviously meaning thereby where a person has already received the amount and retired from service as has also been submitted by the learned counsel for the Board. 4. In the instant case, the petitioner was paid the said amount and retired from service before passing of the impugned order. 4. In the instant case, the petitioner was paid the said amount and retired from service before passing of the impugned order. Learned counsel for the Board, however, submitted that from the notes in the file it is evident that the petitioner himself gave the note for payment of the said increments and on that basis he was paid. As such, according to the learned counsel for the Board, thish amounted to misrepresentation as the circular requiring for passing of the Hindi Noting and Drafting Examination was circulated and there is presumption that the petitioner was in know of the same. 5. This Court is unable to accept the said submission of the learned counsel for the Board. If the said submission is accepted, then there can be no case in which recovery can be held to be impermissible. It is not the case of the respondent Board that the petitioner had earlier in his note ever mentioned about the requirement of passing of Hindi Noting and Drafting Examination for the purpose o! grant of increment, from which it can be said that in his note for getting increment himself, the said fact was suppressed by him. It is the duty of the concerned sanctioning authority to see as to whether one is entitled for increments under the rules/circulars. Learned counsel for the Board would have been justified in raising the aforesaid objection had it been a case where the petitioner would have either mentioned that he had passed the required examination or that it was not necessary for passing of the said examination, which would have amounted to misrepresentation by the petitioner for getting advantage of increment. Moreover, later the petitioner passed the Hindi Noting and Drafting Examination. Under such circumstances, in my opinion, in the light of the aforementioned decision of the Apex Court, it would be highly inequitable to allow recovery being made pursuant to Annexure 1. 6. Accordingly, this writ petition is allowed, the impugned order, contained in Annexure 1, is quashed and the respondents are directed to release the remaining amount within two weeks of the receipt/production of a copy of this order.