IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1121 of 2011 In Civil Writ Jurisdiction Case No. 2241 of 2010 With Interlocutory Application No. 5324 of 2011 With Interlocutory Application No. 5325 of 2011 In Letters Patent Appeal No.1121 of 2011 ====================================================== 1. The State of Bihar 2. The Chief Engineer Department of Water Resources, Siwan 3. Adhichhan Abhiyanta Rupankan Aayojan Evam Guna Niyantran Anchal, Siwan 4. The Deputy Director Null Vaigyanik Guna Niyantran Pramandal Sankhya-3, Siwan .... .... Respondents-Appellants Versus Prithwi Nath Tiwary S/O Late Dhurandhar Tiwary R/O Jigana Tiwary Tola, P.S.- Revilganj, Distt.- Saran .... .... Petitioner-Respondent ====================================================== Appearance : For the Appellants : Mr. Kameshwar Pd. Gupta, S.C.-16 Mr. Ashok Kr.Gupta, A.C. to SC-16 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court LPA No.1121 of 2011 (2) dt.10-08-2011 2 / 3 2 2. 10.08.2011 Interlocutory Application No. 5324 of 2011: The delay of 292 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1121 of 2011: This Appeal under Clause 10 of the Letters Patent is preferred by the State Government against the order dated 16th August 2010 made by the learned single Judge in above C.W.J.C. No. 2241 of 2010. The subject matter at dispute is the promotion granted to the writ petitioner in the year 1988. According to the State Government the writ petitioner had not passed the departmental examination, a condition precedent for promotion. The promotion granted in the year 1988 was, therefore, illegal. The State Government recalled the said order of promotion 20 years later on 15th November 2008. That order was set aside by the learned single Judge in C.W.J.C. No. 6491 of 2009 on the ground of violation of principles of natural justice. The State Government was, however, allowed to make a reasoned order after giving an opportunity to show cause to the writ petitioner. After the completion of the said formality, by order dated 12th September 2009, the order of promotion dated 15th November 1988 is recalled. The challenge to the said order has been upheld by the learned single Judge on the ground that the promotion cannot be recalled after the writ petitioner had, on reaching the age of superannuation, retired from service and the master and servant relation was severed. Feeling aggrieved the State Government has preferred the present Appeal. Patna High Court LPA No.1121 of 2011 (2) dt.10-08-2011 3 / 3 3 Learned advocate Mr. Kameshwar Prasad Gupta has appeared for the appellant. He has submitted that by the above referred order dated 21st May 2009, the State Government was directed to make appropriate order after giving the show cause notice to the writ petitioner. The impugned order has been made pursuant to the direction issued by this Court. He has further submitted that passing of the departmental examination was condition precedent for promotion. Admittedly, the writ petitioner had not passed the departmental examination, the promotion granted to the writ petitioner was a mistake. The State Government cannot be prevented from rectifying its mistake. We see no substance in the submissions made by Mr. Gupta. The learned single Judge has rightly dismissed the writ petition. An order of promotion cannot be permitted to be recalled 20 years after the date of promotion and after the incumbent has retired from service. No case for interference is made out. The Appeal is dismissed in limine. Interlocutory Application No. 5325 of 2011 stands disposed of. Pawan Kumar/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)