IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4252 of 2009 Bankey Bihari Lal Versus The State Of Bihar & Ors 4/ 23/08/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner superannuated on 31.3.2000 from the post of Assistant Settlement Officer. The petitioner is aggrieved by the order dated 18.5.2007 declining to give him A.C.P. on the ground that he was promoted to the post of Assistant Settlement Officer on 7.6.1994 and superannuated on 31.3.2000, therefore he did not fulfil the eligibility period for grant of A.C.P. Learned counsel for the petitioner Shri Mukhopadhyaya submits that the claim of A.C.P. is not based on service duration as a Settlement Officer, but the services prior thereto while holding the post of Circle Inspector-cum-Kanoongo. Learned counsel for the State from the two counter affidavits submits that the petitioner was appointed on an ex cadre post of Assistant Settlement Officer and worked for five years nine months and therefore the impugned order calls for no interference. The petitioner was not entitled to super time scale on the post of Circle Inspector as he had been imposed 2 certain punisments. The respondents appear to have considered the claim for A.C.P. based on the promotion granted on 7.6.1994 to the post of Assistant Settlement Officer. The contention on behalf of the petitioner is that the claim is based on the period prior thereto to be computed from the date of appointment as a Circle Inspector in accordance with law. Insofar as the claim for super time scale is concerned, the counter affidavits allege punishment with no details of the same or the dates inclusive of the period of the punishment etc. is hardly helpful in adjudication. The respondents are directed to consider the claim of the petitioner for grant of A.C.P. for the service prior to promotion as Assistant Settlement Officer. Let them also pass reasoned and speaking order on the claim for super time scale spelling out the details of the punishment and in what manner it hinders the grant of super time scale to the petitioner. Let this order be complied with within a maximum period of three months from the date of receipt/production of a copy of this order. Needless to state that if the respondents find justification in the claim or in any part of the claim, necessary consequential orders shall be issued 3 simultaneously. The order dated 18.5.2007 is set aside. The writ application is allowed. KC ( Navin Sinha, J.)