ORDER 1. Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated while serving as Sub-Inspector of Excise with effect from 31.7.2003. He filed C.W.J.C. No.13069 of 2006 praying inter alia to direct the respondent authorities to consider his case for grant of second ACP in the light of the provisions of Bihar State Employees Conditions of Service (Assured Career Progression Scheme) Rules, 2003 notified by the Finance Department of the State Government under notification dated 25.6.2003 with effect from 9.8.1999. After filing of C.W.J.C. No.13069 of 2006 respondent authorities passed order bearing memo no.5572 dated 28.11.2006, whereunder first time bound promotion granted to the petitioner under memo no.246 dated 25.5.1989 with effect from 12.9.1984 has been cancelled with further direction that he shall be granted second time bound promotion with effect from 6.7.1992. Aforesaid order dated 28.11.2006, Annexure-5 has been impugned in C.W.J.C. No.9227 of 2007. Prayer made in the two writ petitions being connected, both the writ petitions have been heard together and is being disposed of by this common order. 3. Petitioner was appointed as Assistant Sub-Inspector of Excise with effect from 6.7.1967. He earned promotion as Sub-Inspector of Excise with effect from 21.8.1974. After completing 10 years of service on the post of Sub-Inspector of Excise he was allowed first time bound promotion on the post of Sub-Inspector, Excise in the light of resolution of the State Government bearing no.10770 dated 30.12.1981 under memo no.246 dated 25.5.1989 with effect from 12.9.1984. Having earned first time bound promotion as Sub-Inspector of Excise he superannuated with effect from 31.7.2003. As petitioner could not complete 25 years of service on the post of Sub-Inspector of Excise he was not considered for grant of second time bound promotion. Just before superannuation of the petitioner State Government notified Bihar State Employees Conditions of Service (Assured Career Progression Scheme) Rules, 2003 under notification dated 25.6.2003 with effect from 9.8.1999. As the ACP Rules was notified with effect from 9.8.1999 prior to superannuation of the petitioner he requested the authorities to consider his case for grant of second ACP in terms of 2003 Rules. As the ACP Rules was notified with effect from 9.8.1999 prior to superannuation of the petitioner he requested the authorities to consider his case for grant of second ACP in terms of 2003 Rules. While considering such request impugned order bearing memo no.5572 dated 28.11.2006 cancelling grant of first time bound promotion made under memo no.246 dated 25.5.1989 with effect from 12.9.1984 has been passed, which is challenged with reference to the Government circular no.920 dated 6.3.1990 issued clarifying the contents of paragraph-11 of the resolution of the Government bearing no.10770 dated 30.12.1981, in terms whereof petitioner was allowed first time bound promotion with effect from 12.9.1984 under memo no.246 dated 25.5.1989. 4. It is submitted on behalf of the petitioner that in the light of the clarification issued by the Government under circular letter no.920 dated 6.3.1990 explaining the Government resolution no.10770 dated 30.12.1981 that service rendered on the promoted post is required to be counted for grant of time bound promotion on the promoted post, the 10 years service rendered by the petitioner as Sub-Inspector of Excise with effect from 21.8.1974 was rightly taken into account to grant the petitioner first time bound promotion on the said post with effect from 12.9.1984 under memo no.246 dated 25.5.1989 which could not have been cancelled under the impugned order bearing no.5572 dated 28.11.2006 Annexure-5 in C.W.J.C. No.9227 of 2006. 5. Petitioner having been appointed as Assistant Sub-Inspector of Excise with effect from 6.7.1967 and having earned promotion as Sub-Inspector of Excise with effect from 21.8.1974 was entitled to count 10 years of service with effect from 21.8.1974 to earn first time bound promotion on the post of Sub-Inspector of Excise and in consideration thereof, in my opinion, he was rightly granted first time bound promotion on the post of Sub-Inspector of Excise with effect from 12.9.1984 under memo no.246 dated 25.5.1989 which could not have been cancelled under the impugned order bearing memo no.5572 dated 28.11.2006, Annexure-5 which is, accordingly, quashed. During the pendency of the writ petition petitioner has already been granted second ACP under order bearing memo no.5587 dated 29.11.2006, as such, his grievance to that effect has already been redressed by the authorities. As the order bearing memo no.5572 dated 28.11.2006, Annexure-5 has already been quashed there is no question of any recovery from the petitioner. 6. Both the writ petitions are, accordingly, disposed of.