IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6077 of 2003 BINOD PRASAD, aged about 60 years, S/o Late Shankar Prasad, Resident of Muhalla Chandmari, P.O. Motihari, District East Champaran at Motihari … Petitioner Versus 1. THE STATE OF BIHAR through the Chief Secretary, Old Secretariat, Building, Bihar, Patna 2. The Secretary, Department of Human Resources Primay Secondary and Adult Education, Government of Bihar, New Secretariat, Patna 3. The Deputy Secretary, Department of Primary Secondary and Adult Education, Bihar, Patna 4. The Director, Directorate of Adult Education and Mass Education, New Secretariat Building, Bihar, Patna … Respondents 3. 21.8.2009 No one appears for the petitioner. Counsel for the State is present. The prayer made in this writ application reads as follows: “i) That an appropriate writ, order or direction may be issued by commanding and directing the authority concerned to treat/ recognize the petitioner in regular service from the date of entry of his service under the establishment of Adult/ non formal education for all the purposes in accordance with law. ii) That an appropriate writ or direction be issued commanding the respondents to pay the petitioner to scale of Rs. 2000-3800/- attached with the post of Project Officers Non formal education working under the Establishment of 2 Adult and Mass Education, Bihar, Patna. iii) That an appropriate writ may be issued by setting aside apart of the office order as contained in memo no. 133 Patna dated 22nd January, 1998 as enumerated in paragraph no.3 whereby and whereunder it was communicated that the present appointment will be treated as fresh appointment and the previous service will not be counted for pension, promotion as well as for the grant of time bound and for the other necessary reliefs on the basis of the facts and circumstances of this case.” The prayer made in this writ application in fact is only a repetition of an earlier prayer in C.W.J.C.No. 5205/2002 wherein it was held that the petitioner cannot be allowed benefit of his past service in temporary scheme of directorate of Adult Education and that if after termination of his service he was subsequently appointed as a fresh recruit, he will be governed by the terms and conditions of his subsequent appointment letter. 3 Once this aspect of the matter stands concluded by the earlier inter party order dated 27.8.2002 in C.W.J.C.No. 5205/2002 there would be hardly any scope for taking a different view. That being so, this application is wholly misconceived and is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/