IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11815 of 2002 RAM BABU SHARMA Versus THE STATE OF BIHAR & ORS ----------- 03 06.03.2009 Heard learned counsel for the petitioner and learned counsel for the State. No counter affidavit has been filed. In view of the nature of the order to be passed, this Court does not consider it necessary to adjourn the matter for a counter affidavit. Learned counsel for the petitioner submits that the petitioner was appointed as an Inspector in B.M.P.-16 on 2.2.1983. The unit was created in 1983 itself exclusively by recruitment of Ex-Military Personnel. The petitioner came to be confirmed on 1.2.1985. He retired on 31.8.2001. His claim for first time bound promotion in the year 1993 has been denied. The scheme of time bound promotion was to prevent stagnation. The grounds urged in the order of rejection dated 20.8.2001 are not tenable for the simple reason that others in B.M.P.-16, appointed as Ex-serviceman along with or after the petitioner have been given the benefit of first time bound promotion. The petitioner has, therefore, been subjected to hostile discrimination. The impugned orders states that because the petitioner was appointed as a Sepoy in the Military and by process of promotion retired from the post of Subedar, he had adequate opportunities for promotion in the army and therefore, the question of first time bound promotion the Police does not arise. This Court does not have the benefit of the policy under which Ex-servicemen were recruited in B.M.P.-16. What the conditions for the same were. If the petitioner has been subjected to hostile discrimination under the policy, he is naturally entitled to be meted out the same treatment. Let the respondents take an appropriate decision and pass necessary consequential orders within a maximum period of 12 weeks from the date of receipt and/or production of a copy of this order. The writ application stands disposed off. P.K. (Navin Sinha, J.)