1. Leave granted.
2. We have heard learned counsel for the parties finally in this appeal.
3. In the facts and circumstances of the case, but for a later development noted hereinafter, we would have been required to go in greater detail about the legality and propriety of the order of the respondents deducting an amount of Rs. 88,556.88 from the retiral benefits of the appellant on the ground that: his earlier pay fixation in 1977 since years was not correct and he had not passed Hindi drafting and noting examination and consequently, increments were wrongly given to him on the assumption that he had passed Hindi drafting and noting examination. The appellant's case that he had passed the said examination since 1955 is not found to be borne out from the record. At the fag end of his career, the amount in question was directed to be deducted from his salary. The appellant challenged the action of the respondents by filing a writ petition before the High Court which got dismissed and the Letters Patent Appeal filed by the appellant also got dismissed and that is how the appellant is before us on grant of special leave.
4. It. is however not necessary for us to go into the wider question about the legality and propriety of the order of the respondents deducting an amount of Rs. 88, 556.88 as there is a happy development in the meantime. By letter dated 4-6-1998, which is brought on record and on which there is no dispute, the Joint Secretary of Bihar State Electricity Board has clarified that pending this SLP before this Court, in the light of the new rule, those employees who have completed 30 years of service as on 30-4-1984, would not be required to pass any Hindi drafting and noting examination to earn future increments and therefore, deductions made from the appellant's salary from 1-3-1984 till the date of his retirement have to be refunded. The said order mentions that on the basis of the audit report deduction of Rs. 76,223.46 from the salary of Shri Krishna Nandan Prasad the appellant herein was effected because of his not passing the Hindi drafting and noting examination, but as per the Board's resolution No. 4 dated 31-1-1998, the said amount had to be refunded. Learned counsel for the respondent-Board submitted relying upon paragraph 4 of the affidavit on behalf of the Board that the total amount deducted was Rs. 88,556.88 which included Rs. 12,333.42 which was released to him on account of wrong fixation of salary. This question pales into insignificance for the simple reason that as per the order of the Joint Secretary dated 4-6-1998 for non-passing of the Hindi drafting and noting examination only Rs. 76,000/- and odd were ordered to be deducted. In our view, at this late hour, after the appellant has retired since years it would be too harsh to him to be called upon to pay the said amount. In the interest of justice, we deem it fit in the facts and circumstances of the case, to direct the respondent Board to refund an amount of Rs. 76,000/- in all and on that basis deductions made from the retiral benefits of the appellant should be reimbursed to the appellant within four weeks from today. This order is passed in the peculiar facts and circumstances of the case and will not be treated as a precedent, as we have gone by the order dated 4-6-1998 passed by the Joint Secretary of the respondent Board in favour of the appellant. The appeal is allowed to the aforesaid extent. The judgment and order of the Division Bench in Letters Patent Appeal and the judgment and order of learned single Judge are set aside. The appellant's writ petition shall stand allowed to the aforesaid limited extent, No costs.