Letters Patent Appeal No.938 OF 2007 Against the order dated 26.09.2007 passed by learned Single Judge in C.W.J.C. No. 5456/2004. 1. Harsh Choudhary, son of Ganga Choudhary, resident of village – Kutubour Chechar, P.S. – Kutubpur, Saidh, District – Vaishali. 2. Mahesh Prasad Sharma, son of Sri Rajendra Prasad Sharma, resident of village – Khiramati Dariapur, P.O. N. Chalgera, District – Nalanda. 3. Ram Binod Singh, son of Late Shivlagan Singh, resident of village – Dumari Bujurg, P.O. – Dumari Bujurg, District – Saran, at present posted at Assistant Godown Manager, Biharsharif, (Nalanda), Bihar State Food and Civil Supplies Corporation (Limited), Biharsharif (Nalanda). 4. Narsing Sahay, son of Raghunath Lal, resident of village – Graiyan, P.S. – Akhtiyarpur, District – Rohtas. ----------Petitioners-Appellants. Versus 1. The State of Bihar, through the Commissioner-cum-Secretary, Department of Food and Commerce, Govt. of Bihar, Patna. 2. The Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan, Birchand Patel Path, Patna, through its Managing Director. 3. The Chairman-cum-Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan, Birchand Patel Path, Patna. 4. The Chief of Administration, Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan, Birchand Patel Path, Patna. 5. Nirmal Kumar Rai, son of not known at present posted as Incharge District Manager, Bihar State Food and Civil Supplies Corporation Bettiah, West Champaran. ---------Respondents-Respondents. ******* For the appellants : Mr. Bishnu Kant Dubey, Adv. For the State : Mr. Shashi Bhushan Kumar, SC 7 For the B.S.F.C.S. : Mr. R.S. Pradhan, Sr. Adv. Corporation ******* P R E S E N T THE HON'BLE JUSTICE SMT. T. MEENA KUMARI THE HON'BLE MR. JUSTICE AKHILESH CHANDRA ******* T. Meena Kumari & Akhilesh Chandra, JJ. Heard learned counsel for the parties. 2 This present appeal has been filed against the order dated 26.09.2007 passed in C.W.J.C. No. 5456/2004, whereby official respondents have passed order dated 26.03.2003 by virtue of which first time bound promotion granted to the petitioner on the post of Assistant Godown Manager has been cancelled. The case of the appellants is that they were appointed on the post of Lower Division Clerk under Bihar State Food and Civil Supply Corporation Limited (hereinafter referred to as the ‘Corporation’ ) in the year 1974 in the pay scale of Rs. 296-460/-. Subsequently in the year 1974 they have been appointed to officiate as Assistant Godown Manager in prior pay scale. Following the contention urged before the learned Single Judge was that they have been granted only higher pay scale which cannot be treated as promotion and actually they were entitled for promotion with effect from initiation. The respondents have sought to contend that they have been given the higher pay scale within a period of three years and their initial appointment to officiate was in the pay scale of Rs. 296-460/- and by virtue of which they have been asked to assign with the higher responsibility of Assistant Godown Manager. The learned Single Judge have gone into the 3 merit of the case in detail, have relied on a law laid down by this court in the case of Sanjay Kumar Barnawal Vrs. The State of Bihar & others reported in 2003 (4) PLJR 794 and has dismissed the writ petition. But, however, it has been urged that there cannot be any recovery of amounts which have been paid. Learned counsel have also contended before us that the order which was passed in the year 1977 directing the appellants herein to officiate as Assistant Godown Manager cannot be treated as time bound promotion for the reasons that they have only been asked to officiate in higher pay scale and hence, cancellation of the promotion order issued on 26.09.2003 cancelling the first time bound promotion cannot be sustained. Learned counsel appearing on behalf of respondents has contended that within a period of three years of their initial appointment they have been put up in higher pay scale having their responsibilities and having asked to officiate on the post of Assistant Godown Manager and the first time bound promotion came within its normal course and the Corporation cannot be permitted to recover amounts by virtue of 1st time bound promotion which was granted to them 4 as per rules. Under the above circumstances, we do not find any legality, but however we confirm the order of learned Single Judge that there cannot be any recovery for the amounts paid. Accordingly, this Letters Patent Appeal stands dismissed. Patna High Court Date : The 12th May 2011 Rajeev/N.A.F.R. (T. Meena Kumari, J.) (Akhilesh Chandra, J.)