SHASHANK KUMAR SINGH, J.

1. This Letters Patent Appeal has been filed by the Bihar State Electricity Board against the decision of a learned Judge dated 13/12/2001 in C.W.J.C. No. 11789 of 2001: Jagdeo Singh V/s. Bihar State Electricity Board. One Jagdeo Singh, who had brought the writ petition, had joined the Bihar State Electricity Board on 21/12/1959 as Correspondence Clerk. Subsequently he was promoted as Junior Accounts Clerk in 1963 and thereafter as Accounts Assistant on 14/04/1976. He retired from service on 30/09/1998. Finding that his pension and post retirement dues were not being delivered he filed the writ petition. The fact that he had not been delivered the post retirement clues and his pension has been withheld, on this there is no issue on the writ petition.

2. The contention before this Court is that in 1976, the appellant somehow managed and arranged for himself three increments each standing at Rs. 16.00 . These increments were arranged and subsequently paid to the petitioner from 14/04/1976 (reference Annexure-E to the counter-affidavit in the writ petition) on a wrong declaration that he had passed a departmental examination. It is contended that first