(1.) Specific orders referring the relevant issues for decision by a larger Bench have been passed in CWJC No. 12181 of 2003 Ram Binod Singh v. the Bihar State Electricity Board and Ors. and in CWJC No. 8677 of 2003 Shabbir Alam v. Bihar State Electricity Board. The other matters have been listed because they are also dependent upon the outcome of answer to the issues under reference.
(2.) The orders making reference disclose that the learned Single Judges hearing the writ petitions noticed that the view taken by a Division Bench of this Court in case of Bihar State Electricity Board and Ors. v. Man Bahadur and Ors.,2004 3 PLJR(SC) 3 appears to be contrary to earlier Division Bench judgments of this Court, particularly in the case of Bihar State Electricity Board and Ors. v. Madan Mohan Prasad and Ors.,2001 2 PLJR(SC) 58.
(3.) In eight out of nine matters before us the petitioners are class III or Class IV employees (or their widows/dependents) retired from service under the State of Bihar or Bihar State Electricity Board (hereinafter referred to as 'the Board'). In the only Letters Patent Appeal before us, the sole respondent is a retired class 111 employee of the Board, whose writ petition has been allowed by the judgment under appeal passed by learned Single Judge holding that no recovery can be made of the excess payment made on account of wrong fixation of his pay while he was in service.