IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16409 of 2008 Vishundeo Prasad, S/o Late Banarsi Sahu, Resident of Mohalla Topkhana Bazar, Opposite of Sadar Hospital, Munger, P.S. Kotwali, District Munger……………………………………………………………………………Petitioner Versus 1. The State Of Bihar. 2. The Commissioner-cum-Secretary, Department of Health, Govt. of Bihar, Patna. 3. The Civil Surgeon-cum-Chief Medical Officer, Munger. 4. The Additional Chief Medical Officer, Munger…………………………………………………………………….…….Respondents ---------------------------------- 2 10.08.2011 Heard learned counsel for the petitioner. Petitioner has filed this writ application for a direction to the respondents to release monetary benefits of first and second A.C.P. as per Bihar State Employees Conditions of Service Conditions (“Assured Career Progression Scheme”) Rules 2003 (in short, “A.C.P.”) in terms of entitlement for the same. Learned counsel for the petitioner submits that petitioner was appointed as Steno-Typist on 21.11.1970 (wrongly typed as “17.11.1977” in paragraph 2 of the writ application). Thus, he had completed qualifying period of service for grant of benefits of A.C.P. scheme. He submits that 2 in fact, Screening Committee constituted at the district level had found the petitioner eligible for grant of benefits of the same and the order in this regard was issued by Civil Surgeon, Munger vide Memo No.850 dated 29.09.2007, as contained in Annexure-2 with the writ application. At the bottom of this annexure, name of the petitioner with pay-scale in respect of first and second A.C.P. is mentioned. Learned counsel for the petitioner submits that although the same has been allowed to the petitioner, monetary benefits of the same have not yet been released. The writ application was filed on 12.11.2008 with service of two copies of the same in the office of the learned Advocate General. However, till today, no counter affidavit has been filed. Today, learned counsel does not appear on behalf of the respondents to assist this Court. In the circumstances, the writ application is disposed of with a direction to the Civil Surgeon-cum-Chief Medical Officer, Munger to find out as to whether recommendation of the Screening 3 Committee had in fact been accepted and the said order contained in Memo No.850 dated 29.09.2007 passed by the then Civil Surgeon in respect of petitioner is still in operation. If he finds that the said Memo is still in operation, he shall pass appropriate orders for release of monetary benefits of promotion granted to the petitioner, as appearing from the said Memo, positively within two months from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)