IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9828 of 2006 SURESH PRASAD Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner: None For the State of Bihar: Mr. D.Kumar AC to SC-5 For the State of Jharkhand:Mr. Dhurba Mukherjee,Advocate For the A.G. Jharkhand: Mr. L.P.K.Rajgrihar, Addl. Standing counsel. ----------- 2 22.11.2010 This writ application has been filed by the petitioner for grant of benefit of first ACP and the corresponding revision in the pay scale for the period 9.8.99 to 14.11.2000 from the State of Bihar. That benefit has already been given to the petitioner after 15.11.2000 that is the date when the Jharkhand State was created on bifurcation. No counter affidavit has been filed in the last four years since the writ application was pending. However counter affidavits on behalf of the State of Jharkhand and on behalf of the Accountant General, Jharkhand have been filed. The necessary notification is already there on record which has been issued by the State of Jharkhand giving the benefit of 1st ACP. Looking at the inaction on the part of the authority of the State of Bihar, this writ application is disposed of with a direction upon the Principal Secretary-cum-Commissioner (Home) Police Department that he will look into the matter with regard to grant of benefit of ACP for the period 9.8.1999 to 14.11.2000 taking into consideration the Notification No. 556 dated 22nd February, 2005 annexed as annexure-5 and do the needful within a period of four months from the date of communication/production - 2 - of a copy of this order. So far the grant of increment is concerned, no order is given in this regard because withholding of increment is fall out of the punishment imposed upon him. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)