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2023 Supreme(Online)(Pat) 11677

PATNA HIGH COURT
YAMUNA PRASAD YADAV – Appellant
Versus
THE STATE OF BIHAR and ORS – Respondent


ORAL JUDGMENT

Date : 13-07-2023 No one appears on behalf of the petitioner. Mr.

Arvind Kumar, learned AC to GA-9 appeared on behalf of the State.

2. The present writ petition has been filed for the following reliefs:

“That this is an application for issuance of an appropriate writ, order or direction to commanding the Respondents for quashing letter no. 323 dated 08.03.2003 passed by the Executive Engineer, R.E.O., Khagaria, whereby recovery is sought to be made from petitioner’s pension alleging excess payment following from an illegal time bound promotion and the petitioner further prays to release his pension immediately as the petitioner and his dependents are at the verge of starvation and petitioner further prays also to grant any other relief / reliefs which the petitioner is entitled in the facts and circumstances of the case.”

3. It appears that the petitioner was denied first time bound promotion on the ground that he had not passed final departmental Accounts Examination. The petitioner has retired on 31.07.2002 while he was working as Correspondence Clerk at R.E.O., Circle, Saharsa. The S.E., R.E.O., Saharsa Circle issued letter to the Accountant General for recovery of exc

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