ORDER : Aggrieved by order dated 28.03.2012 whereby Rs. 60,056/- has been deducted from gratuity payable to the petitioner on the ground of excess payment made to him, the petitioner has approached this Court. 2. The petitioner was appointed as Junior Engineer under the erstwhile Bihar State Electricity Board on 25.05.1975 and he superannuated from service on 31.12.2008. By that time, his service was transferred to Jharkhand State Electricity Board which was constituted after bifurcation of the State of Bihar on 15.11.2000. When his retiral benefits were not paid to him, he came to this Court in W.P. (S) No. 2021 of 2010 which was disposed of by an order dated 16.07.2010 with liberty to the petitioner to file a representation before the Secretary, JSEB. However, order passed f by the Writ Court was not complied with and the petitioner was compelled to move this Court in Contempt Case (Civil) No. 783 of 2010, in the proceeding of which the respondents filed an affidavit disclosing details of post-retiral benefits paid to the petitioner. Order dated 18.04.2012 passed in Contempt Case (Civil) No. 783 of 2010, records objection of the petitioner to deduction of alleged excess payment made to him and accordingly, a liberty was granted to the petitioner to challenge the action of the respondent-Board. That is how, the petitioner has instituted the instant writ-petition. 3. In the counter-affidavit, the respondents have pleaded that a departmental proceeding was initiated against the petitioner in which the penalty of reversion from the post of AEE to the post of JEE with effect from 09.03.2006 was passed on 24.02.2011. By the said penalty order, the petitioner has been denied full salary and allowances except, subsistence allowance paid to him during the period of suspension, i.e., from 27.05.2004 to 12.11.2004. Apparently, there is no order for recovery of the alleged excess payment made to the petitioner in the penalty order dated 24.02.2011. The respondents have pleaded that an amount of Rs. 60,056/- has been deducted from the gratuity payable to the petitioner in compliance of the penalty order dated 24.02.2011. The alleged excess payment of Rs. 60,056/- appears to be the difference in salary and allowances to the post of AEE and JEE. 4. The respondents have pleaded that an amount of Rs. 60,056/- has been deducted from the gratuity payable to the petitioner in compliance of the penalty order dated 24.02.2011. The alleged excess payment of Rs. 60,056/- appears to be the difference in salary and allowances to the post of AEE and JEE. 4. Admittedly, the petitioner who superannuated from service on 31.12.2008 continued to work on the post of AEE and discharged his duty on the said post and, thus, he was entitled for payment of salary and allowances admissible to the post of AEE. On the ground that he has been inflicted penalty of reversion from the post of AEE to JEE, the difference in salary and allowances in both the posts, cannot be recovered after superannuation of the petitioner from service. The penalty order dated 24.02.2011 could have taken effect and the petitioner would have been paid salary to the post of JEE, had he been in service on the date when the penalty order was passed. Now, this penalty order may affect his pension, but recovery on account of difference in salary cannot be made as a consequence of the penalty order. In the above premises, without challenging the penalty order dated 24.02.2011, the petitioner must succeed. 5. Viewed thus, recovery of Rs.60,056/ - from gratuity payable to the petitioner is held illegal. The writ-petition stands allowed. The Director of Accounts (Secretariat)-respondent No. 3 shall ensure payment of Rs. 60,056/- to the petitioner within six weeks.