IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16487 of 2009 1. NANDLAL BAITHA S/O SRI DUDHA NATH BAITHA, R/O VILL- MAINIDIH, P.S-BATYAN BAZAR, DISTT- GOPALGANJ Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA 3. THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA 4. THE JOINT SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA 5. THE DEPUTY SECRETARY (MANAGEMENT CELL), ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA ----------- 2. 12.1.2010 Heard learned counsel for the petitioner and the State. Learned counsel submits that the petitioner became eligible to be considered for the benefits of A.C.P. on 14.6.2007. On that date, there were no departmental or criminal proceedings pending against him. His juniors have been granted the benefit but he has been denied the same. It appears from his pleading that he claims to have passed the departmental examination also to be considered for such benefits. It further appears that on the date that he became eligible to be considered, as claimed there were no departmental or other proceedings pending against him. In fact, as pleaded, even his order of suspension is subsequent on 20.8.2008. The petitioner appears to have rushed to this Court without even approaching the respondents first. The writ petition is disposed with the observation 2 that any claim of the petitioner for grant of ACP has to be considered on basis of the date of the eligibility and any subsequent event, shall not be relevant. If the petitioner files a representation before the authorities within a period of one month, let the same be considered and disposed by a reasoned and speaking order within a maximum period of three months from the date of receipt/production of a copy of this order of such representation. If the respondents find justification in his claim or a part of the claim, it is expected that necessary consequential benefits shall also be made available to him without compelling him to approach this Court in another writ application for that consequential relief. The writ application stands disposed. P. Kumar (Navin Sinha, J.)