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2015 Supreme(Pat) 927

I.A.ANSARI, CHAKRADHARI SHARAN SINGH
Allahabad Bank – Appellant
Versus
Prashant Chandra Jha – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Naresh Kumar Malhotra, Mr. Binod Kumar Sinha
For the Respondent: Mr. Shankar Kumar Thakur, Mr. Baidya Nath Thakur

JUDGMENT

(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH)

This Letters Patent Appeal arises out of an order, dated 26/11/2013, passed by the learned Single Judge, in C.W.J.C. No. 5587 of 2007, whereby he has allowed the writ application filed by the respondent and has quashed the order, dated 12/10/2000, issued by the appellant, Allahabad Bank. By the said order dated 12/10/2010, two graduate increments in salary of the respondent granted to him earlier on the basis of certain certificate issued by the Indian Air Force, had been held to inadmissible. The appellant Bank intended to recover the amount so paid to the respondent.

2. The respondent herein was holding the rank of Sergeant in Indian Air Force. He held Diploma in Electronics and Tele-Communication Engineering and worked in Indian Air Force from 19/05/1977 to 31/05/1992 in the trade “Radio Fitter”. The Indian Air Force granted him a certificate, dated 13/06/1995, to the effect that he would be considered eligible for such posts, where qualification required is “degree in Electronics and Tele-Communication Engineering”. There is another certificate issued to him, dated 13/05/1992, by the Indian Air Force to the effect th











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