IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.191 of 2011 3 30.6.2011 Om Prakash son of Sri Nageshwar Prasad resident of village Karsa, P.O. and P.S. Bikram District Patna at present posted as Steno S.I. in the office of D.I.G. of Police, BMP Central Zone Patna, the then steno A.S.I. in BMP 5, Patna ….. Petitioner / Appellant VERSUS 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Director General cum Inspector General of Police, Bihar, Patna 3. I.G. of Police Incharge Personnel, Police Head Quarter, Bihar Patna 4. The D.I.G., BMP Central Zone, Patn 5. The D.I.G. Amnesty, Bihar, Patna 6. Commandant, BMP 5, Patna 7. A.I.G., Welfare, Bihar, Patna ….. Respondents/ Respondents ------- Heard learned counsel for the appellant and perused the order of the Writ Court. This appeal has no merit because from the order dated 12.11.1989 which has been annexed as Annexure- 1 to the memorandum of appeal, it is clear that earlier order of termination of the appellant was never set aside or quashed either by this Court or by the authorities and the authorities respected the observations of this Court to consider for reappointment and in that consideration he was appointed in fresh service from the date of - 2 - adjustment. In the aforesaid circumstances, the Writ Court has rightly held that it is not a case of reinstatement on account of interference with order of termination; rather it was a case of fresh appointment. In such circumstances, the appellant’s claim for seniority has rightly been rejected. The appeal has no merit. It is dismissed. sk (Shiva Kirti Singh, J.) (V. Nath, J.)