- (1.) This Letters Patent Appeal has been preferred against the judgment and order delivered by the learned Single Judge in W.P.(S) No. 2313 of 2012 dated 25th September, 2012, whereby, the writ petition preferred by the respondent-writ petitioner was allowed and hence, the present Letters Patent Appeal has been preferred by the respondents to the writ petition. Factual Matrix:
(2.) The respondent herein was the writ petitioner, who had preferred writ petition bearing W.P.(S) No. 2313 of 2012, mainly for the reason that he was appointed by the State Government after his retirement as a Senior Executive Engineer (Civil) from the services of Central Coalfields Limited.
(3.) The writ petitioner was superannuated on 30th April, 2009 from the services of Central Coalfields Limited and was appointed by the State Government on contract basis as Assistant Engineer, Road Construction Department, with effect from 6th September, 2011, on the basis of fixed wages. The writ petitioner was paid salary of the post of Assistant Engineer minus pension whereas the writ petitioner is demanding the salary of Executive Engineer minus pension.;