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2004 Supreme(Pat) 460

NAGENDRA RAI, S.N.HUSSAIN
Bihar State Electricity Board – Appellant
Versus
Md. Siddique – Respondent


Judgment

1. This appeal is barred by limitation.

2. After hearing learned counsel for the parties and taking into consideration the averments made in the limitation petition, we are satisfied that sufficient ground has been made out to condone the delay in filing this appeal. Accordingly, the delay in filing this appeal is condoned.

3. This appeal is directed against the order dated 29.4.2003, Reported in 2003(3) PLJR 681, passed by the learned single Judge whereby while upholding the order of the Board regarding fixation of pension on the basis of revised pay, the learned single Judge has set aside the order of the Board with regard to recovery of the excess amount which has been paid to the writ petitioner-Respondent due to wrong fixation of pay at the promotional stage.

4. Admittedly, the writ petitioner respondent was an employee of the Board and he superannuated on 30th April, 2000. During promotional stage his pay was wrongly fixed relying upon Standing Order No. 125 dated 7.5.1983. Later on, the Board, found that Standing Order No. 125 was not in existence at the relevant time and the case of the writ petitioner-respondent would be governed by Standing Order No. 515 dated 7.5





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