IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10657 of 2006 Dr. Md. Ekramul Haque, Son of Dr. Zafrul Hassan, Resident of Mehsaul Chowk, Rajopatti Road, P.O. and District Sitamarhi. --------- Petitioner Versus 1. The State of Bihar. 2. The Deputy Secretary to the Govt. of Bihar, Health Department, Bihar, Patna. 3. The Commissioner, Department of Finance, Govt. of Bihar, Patna. 4. The Director-in-chief, Health Department, Govt. of Bihar, Patna. 5. The Accountant General, Bihar, Patna, Birchand Patel Path, Patna. --------- Respondents ----------- 2 26.08.2010 No one appears on behalf of the petitioner. Counsel for the State is present. The prayer of the petitioner reading as follows:- “1(A) For issuance of appropriate writ, order or direction commanding the respondents authorities to give benefit of ACP to the petitioner as per notification dated 25.6.2003 on completion of more than 24 years of service period as referred in Notification dated 10.4.2006 (Ann-2) and also in view of the Notification dated 10.4.2006 whereby and whereunder juniors to petitioner have been given benefit to the scheme. (B) For issuance of appropriate writ, order or direction directing the respondents to give all consequential benefit to the petitioner since 9.8.1999 on which date others has been 2 allowed to take benefit as per Notification dated 10.4.2006 contained in Annexure-2 to the petition.” gets answered from paragraph nos. 5 to 8 of the counter affidavit, which reads as follows:- “5. That it is most humbly submitted that the case of the petitioner was put up before the promotion/ Screening committee and after recommendation of the Committee department has granted the petitioner promotion in ay scale of Rs. 10,000-15,200/- vide notification no. 613(3) dated 25.07.2007. 6. That further the petitioner was granted second Assured carrier Progression vide notification no. 738(3) dated 31.08.2007 w.e.f. 09.08.1999. 7. That on the perusal of the above stated notification it is quite evident that the grievance of the petitioner has already been redressed. 8. That the petitioner has already been granted benefits of two Assured carrier progression (A.C.P.) that too with effect from 09.08.1999.” Thus, in view of the aforesaid clear stand of the respondents that the petitioner has already been given the benefit of both 3 A.C.P., this application has become infructuous and the same is dismissed accordingly. Rsh (Mihir Kumar Jha, J.)