IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7094 of 2007 Dr. Rajendra Prasad Khaitan, aged about 57 years, son of late Lakhi Prasad Khaitan, Medical Officer, Patepur Primary Health Centre, P.S. Patepur, District Vaishali. ------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Health and Family Welfare, Government of Bihar, Patna. 3. The Medical Officer Incharge, Patepur Primary Health Centre, Vaishali. 4. The Treasury Officer, Vaishali, Hazipur. --------- Respondents ----------- 2 23.09.2010 No one appears on behalf of the petitioner. Counsel for the State is present and would point out that the only relief sought for by the petitioner in this writ application as with regard to grant of ACP has already been allowed and the consequential payment also by now must have been made, inasmuch as, the counter affidavit, which was sworn on 29.07.2008 had disclosed that the fund for the same was sought for by the In-charge, Medical Officer, Primary Health Centre, Patepur, Vaishali from the Civil Surgeon-cum-Chief Medical Officer, Vaishali vide letter dated 16.7.2008 requiring him to release a sum of Rs. 1,68,221/- for payment of financial benefit 2 to the petitioner. Considering the aforementioned half hearted submission of the learned counsel for the State based on an incomplete counter affidavit, this Court would call upon the Civil Surgeon of Vaishali district by directing him to ensure that since ACP of the petitioner has already been allowed, necessary fund for payment of its monetary benefit should be released forthwith, if not already done so by now. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)