ORDER S.J. Mukhopadhaya, J. 1. The petitioner was in the services of the Bihar State Electricity Board-B.S.E.B. for short (now Jharkhand State Electricity Board-J.S.E.B. for short) and superannuated on 31st August, 2001 from the Super Selection Grade Post of Accounts Assistant. After retirement total retiral benefits, having not paid and letter No. 1573 dated 22nd March, 2002 having been issued by the Secretary J.S.E.B., Ranchi, the petitioner has challenged the letter aforesaid and has prayed for payment of retiral benefits in the revised scale on the basis of last pay drawn by him. 2. According to petitioner he having been appointed to the post of Accounts Assistant w.e.f. 22nd January, 1968 such date cannot be shifted forward to 12th December, 1972 for the purpose of calculation of retiral benefits after 34 years of his appointment as Accounts Assistant. 3. On the other hand, according to respondents, the petitioner having been granted regular promotion to the post of Accounts Assistant w.e.f. 12th December, 1972 and having passed the Hindi Noting & Drafting Examination in 1981 it has been ordered to make necessary correction for the purpose of payment of retiral benefits. 4. Mrs. I Sen Choudhary, counsel for the J.S.E.B. submitted that no order of recovery of any amount has been made but actually regular date of promotion to the post of Accounts Assistant has been taken into consideration for the purpose of fixation of pay and payment of retiral benefits. 5. In the counter affidavit, the respondents have made the following statements : That the petitioner join the service of Bihar State Electricity Board on 22.10.1962 thereafter the then Superintending Engineer (c) vide his office order No. 36 dated 29.2.1968 provisionally appointed the petitioner to officiate as Accounts Assistant with effect from 22.1.1968. That in the year 1972 the Bihar State Electricity Board vide an officer order contained in memo No. 1683 dated 12.12.1972 (Annexure 2) promoted several Junior Bill Clerk/Bill Clerk on the post of Accounts Assistant including the whose name appears at serial No. 95 of the said officer order. That from the aforesaid facts it is apparent that the petitioner came into the cadre of Accounts Assistant only with effect from 12.12.1972. Prior to that date he was allowed to officiate as Accounts Assistant for which he was entitled to officiating allowance only. That from the aforesaid facts it is apparent that the petitioner came into the cadre of Accounts Assistant only with effect from 12.12.1972. Prior to that date he was allowed to officiate as Accounts Assistant for which he was entitled to officiating allowance only. Hence his date of promotion as Accounts Assistant with effect from 12.12.1972 he is rightly been done. 6. From the aforesaid fact it will be evident that the petitioner was provisionally appointed as Accounts Assistant w.e.f. 22nd January, 1968 and granted regular promotion w.e.f. 12th December, 1972. 7. In this background, the petitioner is entitled for counting the period of Accounts Assistant w.e.f. 22nd January, 1968 for the purpose of retiral benefits and not w.e.f. 12th of December, 1972. 8. Further, after 34 years of appointment/promotion it is not open to respondents to question the legality and propriety of appointment made vide office order No. 36 dated 29th February, 1968. 9. It is also settled law that the authorities cannot re-open the question of passing of Hindi Noting & Drafting Examination after retirement of an employee. Further, petitioner having passed such examination on 6th December, 1981, after 21 years it is not open to the respondents to say that he should have passed the examination from 16th July, 1979 when the rule to pass such examination was promul-gamated. 10. In the circumstances, the respondents are directed to ignore the adverse directions given vide letter No. 22nd March, 2002 and fix the retiral benefits of petitioner such as pension, gratuity and other retiral benefit taking into consideration date of appointment to the post of Acctt. Assistant on 22nd January, 1968 and the last pay drawn by the petitioner and pay all "the dues within three months from the date of receipt/production of a copy of this order. 11. The writ petition is allowed with aforesaid observation and direction.