IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.452 of 2005 1. THE STATE OF BIHAR THROUGH THE DIRECTOR, ANIMAL HUSBANDARY DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE REGIONAL DIRECTOR, ANIMAL HUSBANDARY, NORTH BIHAR RANGE, MUZAFFARPUR. 3. THE DISTRICT ANIMAL HUSBANDARY OFFICER, EAST CHAMPARAN, MOTIHARI. --APPELLANTS Versus RAMESHWAR UPADHYAY S/O LATE RAGHUNATH UPADHYAY, R/O SRI KRISHNA NAGAR, P.S. MOTIHARI, DISTRICT-EAST CHAMPARAN. --RESPONDENT 17 21.06.2011 The present Letters Patent Appeal has been filed by the State against the order dated 15.2.2005 passed by the learned single Judge in CWJC no. 13536 of 2004. The appellants are aggrieved by the order of the learned single Judge upholding the order of promotion to the respondent from Class-IV to Class-III post. According to the appellants, he was not entitled to be promoted in the year 1990 and it was cancelled. According to the memo. of grounds the respondent was again promoted to the post of Clerk by order dated 22.09.1992 and he was allowed to continue as such till 2004. The promotion is sought to be cancelled on the ground that the promotion was not made by the appropriate authority. A writ petition was filed and 2 the learned single Judge allowed the writ petition on the ground that the order of cancellation of promotion is in violation of principle of natural justice. The learned Additional Advocate General has submitted that the respondent ought not to have been promoted on the said post as the earlier promotion was not made by the competent authority but we are not in agreement with the contention sought to be raised for the reasons that the promotion was granted on 10.12.1990 which was cancelled on 29.4.1991. Subsequently, the respondent was again promoted to the post of Clerk by Memo. no. 185 dated 22.9.1992 in which he was allowed to continue till 11.09.2004. There is no material placed before this Court that the promotion effected to the respondent in 1992 was illegal appointment.. The order of the learned single Judge need no interference. Accordingly, this Letters Patent Appeal is dismissed. AAhmad/ (T. Meena Kumari, J.) ( Akhilesh Chandra, J.)