IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.822 of 2008 Versus 1. THE BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED, THROUGH ITS MANAGING DIRECTOR, SONE BHAWAN, 5TH FLOOR, BIRCHAND PATEL PATH, P.S. – SACHIWALYA, DISTRICT – PATNA. 2. THE CHIEF ADMINISTRATION, THE BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN, 5TH FLOOR, BIRCHAND PATEL PATH, P.S. – SACHIWALYA, DISTRICT – PATNA. ------ RESPONDENTS-APPELLANTS 1. AJOY KUMAR MITRA, S/O LATE RAMESH CHANDRA MITRA, RESIDENT OF MOHALLA – MITHAPUR, B AREA, P.S. – JAKKANPUR, DISTRICT AND TOWN PATNBA. 2. THE STATE OF BIHAR THROUGH THE SECRETARY AND COMMISSIONER, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER PROTECTION, GOVERNMENT OF BIHAR, PATNA. ---- RESPONDENT-RESPONDENTS. ----------- 3. 11/5/2009 Heard learned counsel for the appellants. Nobody appears for the respondents/writ petitioners. It has been submitted on behalf of the appellants Corporation that the Writ Court has committed error of law in allowing claim of the writ petitioner for first Time Bond Promotion when it was brought to the notice of the court that during 1-10 years of service, the writ petitioner had received higher pay scale at one point of time and after ten years were completed, some allegations led to departmental proceeding which has now ended but the criminal case is still pending. The relevant facts noticed by the Writ Court in the Judgment and order under appeal as well as the facts pleaded by the appellants in their counter affidavit filed in the writ case - 2 - show that no promotion was given to the writ petitioner at least till 19.5.1993 when his claim for first Time Bond Promotion matured. It is also clear that till then there was no criminal or departmental proceeding initiated against the writ petitioner. Hence, on merits we find that the Writ Court has committed no error and no good grounds has been made out to deny the reliefs of first Time Bond Promotion with consequential benefits which has been granted by the Writ Court. This appeal is, therefore, dismissed. There shall be no order as to costs. S. Ali (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)