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2021 Supreme(Pat) 977

CHAKRADHARI SHARAN SINGH
Kailash Bhushan Tiwari – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rakesh Kumar Sharma, Adv,
For the Respondent: Mr. Y.P. Sinha, AAG, Mr.Vinay Kirti Singh, Sr. Adv.,

JUDGMENT :

1. Essential facts relevant for adjudication of the present case are not at all in dispute.

2. On attaining the age of superannuation, the petitioner retired as Junior Electrical Engineer, Electric Supply Division, Buxar under the erstwhile Bihar State Electricity Board with effect from 31.07.2002. The Bihar State Power (Holding) Company Limited (hereinafter referred to as 'the Company') is the successor body of the establishment from where the petitioner demitted his office on his retirement. His monthly pension was fixed at the rate of Rs. 6,480/- on the basis of his pay admissible to him as on the date of his retirement under the 5th Pay Revision. His monthly pension was revised with effect from 01.04.2007 at Rs. 14,645/- under 6th Pay Revision and a Pension Payment Order was accordingly issued on 04.11.2011. He, however, received monthly pension at the rate of Rs. 16,465/- per month instead because of a wrong entry. On introduction of 7th Pay Revision, the petitioner's monthly pension was revised treating his pension at the rate of Rs. 16,465/- per month instead of Rs. 14,645/- per month. This led to payment of pension to the petitioner in excess of what he was legally

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