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2009 Supreme(Pat) 1550

SHYAM KISHORE SHARMA, SHIVA KIRTI SINGH
State Of Bihar – Appellant
Versus
Md. Sanaullah Son Of Late Abdul Mokit – Respondent


JUDGEMENT

1. Heard learned counsel for the appellants and learned counsel for respondent no. 1.

2. Respondent No. 1 had preferred C.W.J.C. No. 7905 of 2006 which has been allowed by the order under appeal. Orders passed during the pendency of writ petition dated 16.5.2007 and 6.8.2007 were quashed with direction to refund the recovered amount within three months with a further direction to the respondents to fix and finalise his monthly pension on the basis of revised salary and last pay drawn treating the 2nd Time Bound Promotion to be valid. Dues of pension under different heads have also to be paid with permissible statutory interest, within the same time.

3. The writ petitioner had already superannuated with effect from 30.9.1997. Initially there was delay in finalizing his pensionary benefits on account of dispute over date of birth but when that dispute was settled, during pendency of the writ petition by order dated 16.5.2007 (Annexure-A to the counter affidavit in the writ proceeding) the appellants cancelled the second time bound promotion granted to the writ petitioner and soon thereafter another order dated 6.8.2007 was passed for recovery of all excess amount paid on acc





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