BIHAR STATE ELECTRICITY BOARD Vs. SIDDIQUE

JUDGEMENT

(1.) THIS appeal is barred by limitation.

(2.) AFTER hearing learned counsel for the parties and taking into consideration the averments made in the limitation petition, we are satisfied that sufficient ground has been made out to condone the delay in filing this appeal. Accordingly, the delay in filing this appeal is condoned.

(3.) ADMITTEDLY , the writ petitioner respondent was an employee of the Board and he superannuated on 30th April, 2000. During promotional stage his pay was wrongly fixed relying upon Standing Order No. 125 dated 7.5.1983. Later on, the Board, found that Standing Order No. 125 was not in existence at the relevant time and the case of the writ petitioner -respondent would be governed by Standing Order No. 515 dated 7.5.1976 which provides interalia that where promotional avenues are available, double benefit in fixation of pay shall not be allowed. Thereafter, the Board took steps to modify the mistake and accordingly pay of the writ petitioner -respondent was fixed according to the relevant Standing Order and that was communicated to the writ petitioner - respondent while he was in service on 28.12.1999 (vide Annexure -6 to the writ petition).