IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2637 of 2006 ARVIND KUMAR THAKUR SON OF LATE MAHABIR THAKUR RESIDNET OF VILLAGE RAMPURA, P.S. GOPALPUR, KALYANPUR, DISTRICT SAMASTIPUR. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF FOOD, SUPPLY AND OMMERCE, GOVT. OF BIHAR, PATNA. 3. THE CHAIRMAN, DISTRICT CONSUMER FORUM, SAMASTIPUR. 4. THE DISTRICT MAGISTRATE, SAMASTIPUR. 5. BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION, PATNA. ----------- For the Petitioner :- Mr. Ganesh Prasad Singh, Sr. Advocate & Mr. Manoj Kumar. For the State :- Mr. Himanshu Kumar Akela, A.C. to G.A. V ------ 3 11/10/2010 Having heard learned Senior Counsel for the petitioner and learned counsel for the State, the Court fails to understand the basis of the claim of the petitioner for grant of promotion under the respondent State on the post of Head Clerk when admitted position is that the petitioner was initially sent on deputation to the Bihar State Food & Civil Supplies Corporation in the year 1973 and came to be permanently absorbed there from 14.7.1977. Once the petitioner was absorbed under the Corporation, then his master and servant relationship so far as the State is concerned is severed and became an - 2 - employee of the Corporation till he superannuates. Now he cannot claim that he ought to have been reverted back on the basis of initial appointment or he ought to be promoted since other persons similarly situated, who continued to work under the State government which is Collectorate of Samastipur, were granted promotion which were available to them. The law being well settled that the absorption of the petitioner under the Bihar State Food & Civil Supplies Corporation amounted to severance of his relationship with the original employer i.e. the State, whatever benefit the petitioner can claim will be confined to the Corporation and he cannot get benefit of any kind from the State merely because he entered the service by an appointment made by the State at any point of time. This writ application has no merit. It is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)