IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.961 of 2008 1. Bihar State Electricity Board, Patna through its Secretary, Bailey Road, Patna, 2. Financial Controller, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna, 3. Joint Secretary(Accounts Establishment), Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna, 4. General Manager-cum-Chief Engineer, Transmission, Chandauti,Gaya, 5. Electrical Superintending Engineer, Transmission Circle, Chandauti, Gaya, …Respondents/Appellants Versus Madan Prasad, Retired Office Superintendent, S/o late Kesho Lal, resident of Magadh Colony, Chandauti, Gaya, … … Petitioner/Respondent For the Appellants: Mr. Ram Kishore Singh, Advocate, For the Respondent:Mr. R.K. Sinha, Advocate ….. 5 01.05.2009 For the reasons stated in the affidavit, I.A. No. 7188 of 2008 is allowed and the delay in filing the instant Letters Patent Appeal is hereby condoned. Heard learned counsel for the parties. The writ petitioner was employed in the appellant-Electricity Board as a Typist on 3.12.1964. He was promoted to selection grade scale of typist with effect from 12.4.1977 and thereafter he was promoted to the post of Head Clerk with effect from 7.4.1978. He was also granted super selection grade scale in the grade of Head Clerk with effect from 1.8.1988 and finally the writ petitioner superannuated from service of the respondent- 2 Board with effect from 30.5.2000 from the post of Office Superintendent. An action was taken by the respondent- Board to recover the amount from the gratuity of the writ petitioner on the contention that he was given the benefit of 12% of pay, even though the above benefit can be given to the writ petitioner as per the Standing Orders of the respondent-Board dated 7.5.1983, but it was not retrospective. In the facts and circumstances of the case, and in view of the order passed today itself(1.5.2009) in L.P.A. No. 989 of 2008, we see no ground to interfere with the order passed by the learned single Judge of this Court. This Letters Patent Appeal is, accordingly, dismissed. (J.B. Koshy, CJ) SC ( Dr. Ravi Ranjan, J.)