Nakul Raut vs State Of Jharkhand And Ors. on 10 September, 2001
It may be mentioned that the respondents cannot reopen the
issue relating to legality and propriety of order of promotion to
selection grade as was allowed to petitioner while he was in
service at this belated stage, nor can recover any amount, there
being no proceeding under Rule 43(b) of the Bihar Pension Rules
having initiated." In the present case also, there is no dispute of
the fact that no proceeding under Rule 43(b) of the
Bihar/Jharkhand Pension Rules has been initiated against the
petitioner rather from the counter affidavit filed by the
respondent-State, it appears that by issue of Annexure-B to the
counter affidavit, order has been passed for fixation of pension
at lower stage. The point in issue in the present case is fully
covered by the decision of Nakul Raut Case (Supra).