IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.141 of 2008 NEPALI PRASAD Versus THE CHAIRMAN,B.S.E.B. & ORS ----------- For the appellant: Mr. B.N.P. Singh, Advocate For the Respondents: Mr. Subhash Kishore Verma, Advocate ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 16th September, 2008. We heard the counsel for the appellant. 2. It appears that the stand of the Bihar State Electricity Board ( for short, ‘Board’) was categorical before the Single Judge as is reflected from paragraph 6 of the reply to the Interlocutory application that the Electrical Executive Engineer, Electric Supply division, Biharsharif vide office order no. 19 memo no. 169 dated 7.2.1995 ordered recovery of excess payment drawn by the petitioner as he was not entitled to increment, having not passed Hindi noting and drafting examination compulsory for its employees. It is specifically stated in paragraph 6 that copy of the said order dated 7.2.1995 was served upon the petitioner but the petitioner managed non-compliance of that order. Although rejoinder has been filed by the petitioner to the said reply, there is no specific denial that the order dated 7.2.1995 was not served upon him. - 2 - 3. If , during the service, the petitioner did not challenge the order dated 7.2.1995, we are afraid, after retirement, it was not open to him to challenge the deduction which was made from the retiral benefits by giving effect to order dated 7.2.1995. 4. The consideration of the matter by the Single Judge does not suffer from any legal infirmity. 5. L.P.A. is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J. Anil/