1. This appeal under Clause 10 of the Letters Patent of the Patna High Court has been preferred against the order dated 18-2-2000, passed by a learned Single Judge in CWJC No. 3693 of 1998 (Madan Mohan Prasad V/s. Bihar State Electricity Board and Ors.), whereby the order bearing memo No. 352, dated 12-3-1998 (Annexure-2 to the writ petition), has been set aside. By this order, the appellant-Board sought to recover a sum of Rs. 40, 183.60p. from respondent No. 1 (the writ petitioner) on account of excess pay drawn by him due to wrong fixation of pay while he was in service.

2. Respondent No. 1 had initially joined the appellants service as a Bill Clerk, was promoted to the higher post of Assistant Accountant, and finally retired as Accountant with effect from 31-7-1997 after reaching the age of sixty years.

Respondent No. 1 had submitted representation dated 31-1-1984 (Annexure-2) to the appellant stating therein that one Jagdish Prasad, Upper Division Assistant Accountant, was junior to him but drawing higher salary. It was, therefore, requested to grant pay protection to respondent No. 1. The Board examined the matter and afforded pay protection to respondent No. 1, vide