- (1.) THIS Letters Patent Appeal is directed against the order passed by the learned Single Judge in I. A. No. 6005 of 2013 in W.P.(S) No. 5892 of 2009 in and by which the learned Single Judge dismissed the interlocutory application holding that the prayer of the appellants to refund the amount can be considered by hearing the main writ petition being W.P.(S) No. 5892 of 2009, on merits.
(2.) THE Writ Petition being W.P.(S) No. 5892 of 2009 was filed by the appellants being aggrieved by the decision dated 05.07.2008 by which a direction was made to make correction in the service book of the appellants considering the recognised service with effect from the date of recognition of the school and not from the date on which the school was ordered to be established by Board, as also to make recovery of the excess amount paid to them. The writ petition was admitted by interim order dated 07.11.2012 which was passed to the effect that no recovery shall be effected against the appellants pursuant to the impugned order dated 05.07.2008. It is pointed out that the amount was recovered from the appellants even prior to passing of the interim order dated 07.11.2012. In such circumstances, the learned Single Judge dismissed the I. A. No. 6005 of 2013 observing that the prayer of the appellants seeking refund of the amount can be considered at the time when the main writ petition is heard.
(3.) WE have heard Mr. V . Singh, the learned Senior counsel appearing for the appellants and Mr. Arbind Kumar, J.C. to G.P. II, appearing for the State of Jharkhand.;