(1) LEAVE granted.

(2) THE Bihar State Electricity Board (for short "the Board") is in appeal before this Court against the judgment of the Division Bench of the Patna High Court wherein two memoranda dated 15-2-1996 and 1-4-1996 issued by the Executive Engineer of the Board stand set aside and quashed.

(3) ON the factual score it appears that both the writ petitions CWJCs Nos, 4576 and 1007 of 1997 contained a challenge to the above-noted two office orders dated 15-2-1996 and 1-4-1996. The writ petitioners, respondents herein, assert that both the writ petitioners have been given yearly increments based on service records without any misrepresentation on their part and that they have passed the Hindi Noting and Drafting Examination in the year 1993. The Board, however, on the basis of the above-noted two memoranda had ordered for recovery of diverse sums of money paid to them as and by way of increments on the ground that they did not pass the Hindi Noting and Drafting Examination at the relevant time which was a condition precedent for the grant of annual increment in terms of the policy decision of the Board.

(4) BE it noted that the Board by its Re