IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1185 of 2009 UMESH KUMAR son of Surendra Prasad Singh, resident of House no.58, Chiraiyatand(Goriyatoli), Patna, District-Patna----Appellant. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna. 2. The Deputy Secretary, Government of India, Ministry of Karmik, Public Complaint and Pension, 3rd Floor, Lok Nayak Bhawan, Khan Marked, New Delhi-110003. 3. The Director General of Police, Government of Bihar, Patna 4. The Deputy Inspector General of Police ( Karmik), Government of Bihar, Patna 5. The Director General, Prosecution, Government of Bihar, Patna 6. The Joint Secretary, Home (Arakshi) Department, Government of Bihar, Patna---------------------------------------------------------------------Respondents. ----------- 4. 4.1.2011 This Letters Patent Appeal arises out of an order passed in C.W.J.C. no.9432 of 2009 on 7.8.2009 filed by the appellant herein against the order of allocation to Jharkhand State Cadre to join the post of S.I.(Stenographer) although his claim was that he has been promoted to the post of S.I.(General) in the year 1997. Learned single Judge heard the matter and directed the appellant herein to join the transferred post in the State of Jharkhand and thereafter make representation before the authorities to change his cadre from S.I.(stenographer) to S.I.(General) and had also observed that if the said representation is filed by the appellant, the authorities concerned shall dispose of the same within a period of two months from the date of information that the petitioner has joined in the State of Jharkhand. Learned counsel for the Union of India has stated that as per his counter affidavit the matter is under consideration and 2 in the light of such stand learned counsel for the appellant –writ petitioner has submitted that the direction of the learned single Judge cannot be sustained as he has been allocated to a lower post than Sub Inspector of Police. However, we are of the opinion that apprehension of the appellant is misconceived and thus while confirming the order passed by the learned single Judge, we make it clear that appellant should join the post of S.I.(Stenographer) to which he has been transferred by the said order and make a fresh representation to convert him to the post of S.I.(General) with his claim that he had already been promoted to the said post and the same should be considered as directed by the learned single Judge. With the above observation, this Letters Patent Appeal is disposed of. Sudip ( T. Meena Kumari, J.) ( Mihir Kumar Jha, J. )