IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.185 of 2009 RAM LAKHAN BHAKTA son of late Ram Palak Bhakta, resident of village Sehan, P.O.Sehan,P.S.Goraul, District Vaishali … … Appellant Versus 1. THE STATE OF BIHAR through Agricultural ProductionCommissioner, Department of Agriculture, New Secretariat, Bihar, Patna 2. The Director, Agriculture, Department of Agriculture, New Secretariat,Bihar, Patna 3. The Director Administrtion(Agriculture), Department of Agriculture, New Secretariat, Bihar, Patna 4. The Joint Director, Agriculture-cum- Controller, Weights and Measures, Raza Bazar, Sheikhpura, P.o.Vetrinary College, P.S.Sheikhpura,District Patna 5. The Collector, Patna 6. Accountant General, Bihar, Patna. For the appellant: Mr. Jai Prakash Verma For the State: Mr. Pankaj Kumar Sinha,A.C. to S.C.3 For Accountant General: Mr. L.P.K. Rajgrihar ----------- 2. 16.3.2009 The writ petitioner-appellant aggrieved by the order dated 13.1.2009 passed by a learned Single Judge in C.W.J.C.No. 2986 of 2006 has preferred this appeal under Clause 10 of the Letters Patent. Writ petitioner-appellant (hereinafter referred to as the petitioner) filed the writ application, inter alia, 2 praying for a direction to the respondents to pay him the final pension along with interest thereon. During the pendency of the writ application, the respondents filed counter affidavit, inter alia, stating that the date of second time bound promotion of the petitioner has been shifted to 21st of January, 1989 by order dated 19.6.2006. By way of interlocutory application petitioner sought amendment and challenged the said order dated 19th of June, 2006 (Annexure-24 to the writ petition).The said interlocutory application was allowed and the learned Single Judge has gone into the validity of the said order. Short facts necessary for the decision in the present appeal are that the petitioner was initially appointed to the post of Grading Inspector on 21.1.1964. According to the respondents by order dated 6.11.1965 he was promoted to the post of Inspector, Weights and Measurement. He was granted first time bound promotion in junior selection grade by order dated 14.9.1984 and second time bound promotion in Senior 3 Selection Grade provisionally by order dated 12.2.2003. When it dame to the notice of the respondents that the petitioner, in fact, was promoted as Inspector on 6.11.1965 and he shall be entitled for grant of second time bound promotion on completion of 25 years of service, by the impugned order the date of second time bound promotion was shifted to 21.1.1989. According to the petitioner he was not promoted as Inspector but appointed as such and in this connection reference has been made to the various communications, including the communication dated 29.9.1965 asking him to appear for interview for appointment. According to the petitioner once he was called for interview, it has to be assumed that the petitioner was appointed to the post of Inspector. Mr. Jai Prakash Verma, learned counsel appearing on behalf of the appellant submits that the petitioner was, in fact, appointed as Inspector on 6.11.1965 and it was not a case of promotion, hence the respondents erred in treating his appointment 4 as Inspector as that of promotion. We find no substance in the submission of Mr.Verma. Office order dated 6.11.1965 by which the petitioner has been promoted to the post of Inspector is on record, which clearly shows that it is a case of promotion. In fact, in the writ petition the petitioner’s plea was that he was promoted to the post of Inspector but when it was pointed out in the counter affidavit that on account of that promotion the date of time bound promotion requires to be shifted the petitioner had taken the plea that it is not a case of promotion but appointment. In face of the language of the order we do not have any hesitation in holding that the petitioner was, in fact, promoted as Inspector. Once it is held so, we do not find any error in the change of the date of grant of time bound promotion. We do not find any merit in the appeal which is dismissed accordingly. Kanth ( C.K.Prasad,A.C.J.) ( Dharnidhar Jha, ,J.)