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2023 Supreme(Jhk) 364

S. K. MISHRA, ANANDA SEN
State of Jharkhand – Appellant
Versus
Jitendra Kumar Singh – Respondent


Advocates Appeared:
For the Appellants : Mr. Ashok Kr. Yadav.
For the Respondent: Mr. A. Allam, M/s A.K. Sahay and Asfia Sultana.

ORDER :

(Ananda Sen, J.)

1. This intra-Court appeal under Clause 10 of the Letters Patent is filed by the State of Jharkhand, challenging the order/judgment dated 14.6.2021 passed in W.P.(S) No. 4151 of 2017, whereby, the learned Single Judge has allowed the writ petition, setting aside order dated 24.3.2017 passed by the Under Secretary, Department of Water Resources, Jharkhand, whereby, the Accountant General (A&E) had been instructed to deduct four increments from the salary of the petitioner, admissible w.e.f. 1.7.2012 and on the basis of the same, the pension was directed to be revised and also the salary paid in excess was directed to be deducted form the pension of the writ petitioner to the extent of Rs.2,34,799/-.

2. The original writ-petitioner was appointed as a Junior Engineer on 2.2.1979 in the State of Bihar and retired from the post of Assistant Engineer on 31.1.2006. The last pay drawn by him was Rs.31,030/-in the grade pay of Rs.7600/-and basic salary of Rs.38,360/-plus other admissible allowances. The benefits of the first time bound promotion was extended to the writ petitioner with effect from 27.8.1990 and his pay scale was accordingly revised. On 2.4.2007, the W

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