IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.1632 of 2007 SRIDAYAL SINGH, SON OF LATE JAMUNA PRASAD SINGH, RESIDENT OF VILLAGE GANGA TOLLA, P.S. MANER, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR. 2. THE COMMISSIONER CUM SECRETARY, WATER RESOURCES DEPARTMENT, BIHAR, PATNA. 3. THE COMMISSIONER CUM SECRETARY, FINANCE DEPARTMENT, BIHAR, PATNA. 4. THE UNDER SECRETARY, FINANCE DEPARTMENT, BIHAR, PATNA. 5. THE CHIEF ENGINEER, IRRIGATION RESEARCH INSTITUTE, KHAGAUL, PATNA. 6. THE EXECUTIVE ENGINEER, TRAINING DIVISION NO.1 IRRIGATION RESEARCH INSTITUTE, KHAGAUL, PATNA UNDER WATER RESOURCES DEPARTMENT. ---------------------------------- 02. 01.08.2011 Learned counsel for the petitioner is permitted to correct the description of respondent no.6. 2. Heard learned counsel for the petitioner and the State. 3. Petitioner at the relevant time served on the post of Peon in the Training Division No.1, Irrigation Research Institute, Khagaul, Patna. He has filed this writ petition questioning the correctness of the order bearing Memo No.795 dated 12.10.2004, Annexure-1 whereunder the date of grant of first time bound promotion to him has been shifted ahead from 30.11.1981 to 16.7.1991 with further direction to recover the amount received in lieu of grant of first time bound promotion with effect from 30.11.1981. 4. It is submitted on behalf of the petitioner that 2 first time bound promotion was granted to him with effect from 30.11.1981 after taking into account the service rendered by him in the work charge establishment. It is further submitted that the impugned order shifting ahead the date of grant of first time bound promotion to the petitioner has been passed in the light of the instructions of the Finance Department contained in letter bearing Memo No.3683 dated 17.05.2003, Annexure-5 not to include the services rendered in the work charge establishment for grant of time bound promotion. It is submitted that the instructions issued under Memo No.3683 dated 17.05.2003 was subsequently recalled under letter no.244 dated 17.5.2003 Annexure-6. The authorities having recalled the instructions not to include the service rendered under the work charge establishment for grant of first time bound promotion on the basis of which the impugned instruction shifting ahead the date of grant of first time bound promotion to the petitioner has been issued, the basis of the impugned order, itself having been withdrawn by the State Government under letter no.244 dated 17.5.2006 the impugned order dated 12.10.2004, Annexure-1 shifting ahead the date of grant of first time bound promotion to the petitioner is quashed. 5. The writ petition is, accordingly, allowed. Rajesh/ ( V. N. Sinha, J.)