1 IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.14258 of 2006 ASHARFI LAL GUPTA, S.O LATE PARAS SHAH, R/O VILLAGE PIPRA, P.O. PIPRA, P.S GOVINDGANJ, DISTRICT EAST CHAMPARAN. .... .... Petitioner. Versus THE STATE OF BIHAR THROUGH SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 2.THE ACCOUNTANT GENERAL (A&EII), BIRCHAND PATEL PATH, BIHAR, PATNA. 3.THE CIVIL SURGEON, EAST CHAMPARAN, BIHAR. 4.THE MEDICAL OFFICER, (I/C), PRIMARY HEALTH CENTER, HARSIDHI, EAST CHAMPARAN. .... .... Respondent/s 03 11.07.2011 No one appears for the petitioner. The prayer of the petitioner in this writ application is for grant of his A.C.P. From the reading of the writ application, it becomes clear that the petitioner had retired from service on 30.09.1999, and as such when the Government after four years of his retirement in 2003 had resolved to grant A.C.P w.e.f., 09.08.1999, he had a legitimate expectation to receive the benefit of A.C.P. which could in turn lead to enhancement of his last pay so as to at least give him benefit in fixation of his revised retirement benefits. This application was filed on 22.11.2006 and a period of four and a half years has not been sufficient for the Respondents to file their counter affidavit. In fact no one has also appeared for the State for explaining the reasons for either grant of 2 A.C.P or its denial to the petitioner. In such a situation this Court would direct the Director in chief of the health services to ensure that if the claim of the petitioner for A.C.P has not been settled till now, the same must be done within a period of six months from the date of receipt/production of a copy of this order. It goes without saying that if the petitioner is found entitled for grant of A.C.P, he would be also given all the consequential benefits which was made available to his counter part junior employees who were continuing in service as on 30.09.1999. With the aforementioned observation and direction, this application is disposed of. RANJAN KUMAR/- (Mihir Kumar Jha, J)