IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1653 of 1997 RAKESH RANJAN, S/O SRI RAM NANDAN PRASAD SINGH, R/O VILLAGE PANJWARA, POLICE STATION BARAHAT DISTRICT BANKA AT PRESENT POSTED AS SUPPLY INSPECTOR, BHAGALPUR, P.S. KOTWALI, DISTRICT BHAGALPUR. ...........PETITIONER. Versus 1.THE STATE OF BIHAR, THROUGH REVENUE AND LAND REFORMS DEPRTMENT (CHAKBANDI, DIRECTORATE), BIHAR, PATNA(BUDHA MARG). 2.THE DIRECTOR, CHAKBANDI, BIHAR, PATNA. 3.THE DEPUTY DIRECTOR, CHAKBANDI (HEAD QUARTER), BIHAR, PATNA. 4.TEH COMMISSIONER AND SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, BIHAR, PATNA. 5.THE COMMISSIONER, FOOD SUPPLY AND COMMERCE DEPARTMENT, STATE OF BIHAR,PATNA. 6.THE SECRETARY TO THE COMMISSIONER, FOOD, SUPPLY AND COMMERCE DEPARTMENT, STATE OF BIHAR, PATNA. ...........RESPONDENTS. ----------- 03/ 12.05.2011 No one appears for the petitioner. Counsel for the state is present. On perusal of the averments made in this writ application and the counter affidavit as with regard to following prayer:- 'That this writ application is being filed for issuance of appropriate writ for directing the respondents to give time bound promotion and arrears thereof to the petitioner on the post of Junior-Selection Grade from 21.03.1991 under the Scale of Rs. 1800-60-2280-75-3330 and on the post of Senior Selection grade from 21.03.1994 under the scale of Rs. 2000-60-2300-75-3200-100- 3800 on the basis of 20% for junior selection grade and 12½ % for senior selection grade officer according to the resolutions of Government of Bihar, Finance Department dated 30.12.1981 as contained in letter no. 10770 (Annexure-8/A) and also according to the resolution of Finance Department dated 18.12.1989 as contained in letter no. 6021/F(2) (Annexure-8) or grant any other relief or reliefs for which 2 the petitioner is entitled in law.' it has to be held that such relief can not be given to the petitioner because he was earlier appointed in the Consolidation Scheme as Assistant Consolidation Officer but after the said scheme of Consolidation was closed and the posts were abolished, he had been subsequently absorbed in the supply department of State Government on the post of Supply Inspector. In that view of the matter, when the cadre of the petitioner had itself changed and such readjustment of his service was made only to save him from being terminated, there would be no question of allowing him to count his earlier service and seniority on the post of Assistant Consolidation Officer for giving him regular promotion in Supply Department. It is true that under the time bound promotion Scheme the petitioner, may become entitled for such personal promotion if he had completed ten years of continuous service on or before 31.12.1995 and that could be given to him by computing his date of first appointment as Assistant Consolidation Officer but then such length of service can not be taken into account for any purpose much less for his regular promotion in a separate cadre in which the petitioner's services were absorbed purely by way of compassion. With the aforesaid observation, this writ application is disposed of. Ranjan (Mihir Kumar Jha, J)