JUDGMENT :

Hima Kohli, J.

1. The appellant – Bihar State Electricity Board ¹[For short “Board”], has approached this Court assailing an order dated 20th October, 2011, passed by the Division Bench of the High Court of Judicature at Patna in a Letters Patent Appeal²[LPA No. 41 of 2008], filed by the respondent against an order dated 3rd October, 2007, passed by the learned Single Judge in a writ petition³[CWJC No. 9611 of 2005], filed by the respondent.

2. The respondent had averred in the writ petition that though he was promoted on the post of Joint Secretary on 5th March, 2003, the said promotion ought to be reckoned from July, 1997, when the post had actually fallen vacant. This plea was turned down by the learned Single Judge. However, the respondent succeeded in the intra court appeal preferred by him and as per the impugned judgement, the appellants have been directed to promote the respondent to the post of Joint Secretary with effect from 29th July, 1997. By the time the impugned judgement was delivered, the respondent having superannuated, the appellants were directed to grant him all the benefits that would have accrued to him on such a post with retrospective effect.

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