IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6256 of 2009 BHARAT PRASAD SINHA Versus THE BIHAR STATE ELECTRICITY BOARD & ORS. ----------- For the Petitioner:- Mr. Mahendra Thakur, Adv. Mr. Ajay Kumar Sinha, Adv. Mr. Shashi Bhushan Pandey, Adv. For the BSEB (Respondents):- Mr. Anand K. Ojha, Adv. ---------------- 2. 21.5.2009 Heard learned counsel for the petitioner and for the Bihar State Electricity Board. The petitioner states that he never submitted any application for enhancement of pay scale. The respondents themselves on 11.2.2009 have given a benefit of senior selection grade on the post of unskilled Khalasi with effect from 1.1.86 and his pay scale was fixed accordingly. To his utter surprise by a fresh order dated 4.5.2009 the same has been suddenly withdrawn without prior notice.. He submits that there is misrepresentation or a wrong benefit obtained by the petitioner through a conscious effort on his part. The submission is that taking away of the benefit without adequate notice and considering the stand of the petitioner is unsustainable in law. Learned counsel for the Board very fairly submits that the issue is covered by a Division Bench decision reported in 2009(2) 27 (Mundrika Devi Vs. Bihar State Electricity Board & Ors.). He submits that the only distinction is that while in the case before the Division Bench the incumbent had retired and the relief had to be moulded accordingly, in the present case the petitioner still in service. The fairness on the part of the counsel appearing on behalf - 2 - of the Board enables this Court to simply direct that the effect of the impugned order upon the petitioner be considered in the light of the Division Bench judgment of this Court as aforesaid. The writ application stands disposed. P. Kumar (Navin Sinha, J.)