IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1938 of 2011 MD.HARUNUR RASHID Versus THE STATE OF BIHAR & ORS ----------- 3 21.6.2011 State was granted four weeks time on 2nd February, 2011 to file counter affidavit but they failed to do so in the last four months which is not very happy situation. Petitioner is a retired employee now who is knocking at the door of the Court because the respondents would not consider his case for grant of benefit of first and second A.C.P. According to petitioner the scheme is in place. He fulfills the requirement but for extraneous reason his case for grant of such a benefit is not being entertained or acted upon. In absence of the stand of the State or the reason being available to the Court, the Court is left with no option but to remit the matter to the District Magistrate, Katihar who shall entertain the claim of the petitioner, if he files a fresh application with brief service history of the case with a copy of this order. He will get the matter verified and communicate his decision within a period of three months from the date of filing of such an application. This writ application stands disposed of for strict compliance as above. RPS (Ajay Kumar Tripathi,J.)