- (1.) Heard the parties. This Letters Patent Appeal has been filed by the State of Bihar and others against the order dated 19.11.2001, passed by the learned Single Judge, in WP (S) No. 4283 of 2001, which was filed by the respondent No. 1. According to Stamp Report dated 11.6.2002, the limitation for filing the appeal expired on 19.12.2001, whereas it was filed on 3.9.2002. Hence I.A. No. 1573 of 2002 (at flag 'L') has been field by the appellants to condone the said delay, for the reason stated therein. We are satisfied that delay in filing the appeal has properly been explained. We, therefore, condone the delay in filing the appeal.
(2.) On 31.10.1994, the respondent No. 1 retired from the post of Regional Director, Department of Animal Husbandry, South Chotanagpur, Ranchi. By Notification dated 9.1.1996, the employees of the Animal Husbandry Department were allowed promotion to the revised scale of pay of Rs. 4100-5300/-, with retrospective effect from 1.2.1992. The respondent No. 1 also claimed the same benefit, but it was denied by the State Government on the ground that since he had already retired on 31.10.1994, he was not entitled thereto. He, therefore, filed WP (S) No. 4283 of 2001 in this Court and prayed for a direction to the respondents to give him the benefit of promotion, pursuant to the Notification dated 9.1.1996.
(3.) It is not denied that the name of respondent No. 1 figured at serial No. 30 of the said notification showing his date of promotion as 1.2.1992. It was indicated in the notification that the benefits would be allowed, after necessary approval of the Finance Department.;