IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12492 of 2003 SARYUG SINGH @ SARYU SINGH . Versus THE STATE OF BIHAR & ORS . ----------- 5. 28.01.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner had originally come to this Court aggrieved with the cancellation of his first and second time bound promotion by Annexures 4/5 and Annexure-10 respectively. During the pendency of the writ application, the respondents have issued a fresh order dated 13.11.2004 bearing no. 7919 declaring that the first time bound promotion granted to the petitioner on 2.9.1985 with effect from 1.4.1981 in the pay scale of Rs. 400-540/- and the second time bound promotion granted on 19.6.1998 with effect from 7.7.1991 in the pay scale of Rs. 950-1400/- shall continue. The first paragraph of that order refers to the cancellation of 2nd time bound promotion but is silent on the cancellation of first time bound promotion. It appears that in pursuance of the order dated 13.11.2004 fresh orders have been issued on 27.11.2008 for re-fixation of his pay scale accordingly. It is submitted that consequential benefits in pursuance thereof has still been not made available. An additional plea has been made in I.A. No. 2 6040 of 2009 for grant of A.C.P. benefits. The order dated 13.11.2004 in its recitals at 2nd paragraph of the order redresses the grievance of the petitioner. The absence of any formal proclamation of annulment of Annexures-4/5 as apprehended by the petitioner is misconceived as the earlier order of cancellation automatically ceases to exist by reason of 2nd paragraph of the same order. The two are contradictory and cannot co-exist. To that extent, the writ application has become infructuous. Let monetary benefits to which the petitioner be entitled in pursuance of the consequential order dated 27.11.2008 be made available to him within a maximum period of six months from the date of receipt and/or production of a copy of this order, failing which the petitioner shall be entitled to raise a claim for interest from the date of the order till its actual payment. In so far as the claim for A.C.P. benefits is concerned, let the petitioner represent when the respondents are expected to consider the same also and pay the legitimate dues in accordance with law within like period of six months subject to like conditions for interest. The application stands disposed. AKS/ (Navin Sinha, J.)