IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.738 of 2009 SULTAN AHMAD ANSARI son of Late Rajab Ali Mian, village Shekhpura, P.O. & P.s. Narhat, District Nawadah. Versus 1. The State of Bihar through Secretary, Primary Education , Govt. of Bihar, Patna. 2. The Secretary, Primary Educatin, Govt. of Bihar, Patna. 3. The Director, Primary Education, Govt. of Bihar, Patna. 4. The District Superintendent of Education, Nawadah. 5. The Accountant General, Bihar, Patna. 6. The District Provident Fund Officer, Nawadah. 7. The Head Master, Middle School, Gulani, Pakribrama, Nawadah. ----------- 3 24/12/2009 I.A. No. 3506 of 2009: This is an application for condonation of delay of 52 days in preferring this appeal. Having heard learned counsel for the parties and upon perusal of the asseveration made in the petition, we find that sufficient cause does exist for condoning the delay. Accordingly, the delay in filing the appeal is condoned. I.A. No. 3506 of 2009 stands allowed. L.P.A. No. 738 of 2009 : As we have condoned the delay, we are - 2 - inclined to take up this appeal for admission. Admit. On consent of the learned counsel for the parties, it is finally heard. The core issue that emanates for consideration in this appeal is whether the appellant was entitled to revision of pension and thereby the learned Single Judge has committed an error by expressing the view that the claim in that regard is misplaced. Learned counsel appearing for the appellant has submitted that the circulars governing the field with regard to fixation of pension should have been taken note of by the learned Single Judge and given effect to. On the contrary, learned counsel appearing for the State submitted that the circulars have been taken note of and there has been re-fixation of pay and when the error was found the pension was correctly fixed. It is worth-noting that there has been no recovery of the sum which had been illegally paid to the appellant. In view of the aforesaid, we do not find any error in the order of the learned Single Judge and, - 3 - accordingly, the letters patent appeal has to pave path for dismissal which we so direct. There will be no order as to cost. AMIN (Dipak Misra, CJ.) (Shiva Kirti Singh, J)