IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11489 of 2006 UMESH CHANDRA JHA Versus THE STATE OF BIHAR & ORS ----------- 02. 09.05.2011 I. A. No. 895 of 2011 Interlocutory Application has been filed by two sons and legal heirs of original writ petitioner, namely, Umesh Chandra Jha, who died on 17.05.2009. Since the petitioner died during the pendency of the Writ Application and the relief prayed in the Writ Application relates to monetary benefits payable to the petitioner. The name of original writ petitioner, Umesh Chandra Jha is expunged and the name of his two sons, namely, Sheo Shankar and Daya Shankar Jha is substituted. The Writ Application had been filed by the original writ petitioner for a direction to the Respondents to grant him benefit of ACP Scheme introduced by the Government of Bihar, in place of second time-bond-promotion. Petitioner was appointed as Assistant in the Minor Irrigation Department, Government of Bihar, Patna on 15.05.1973. He passed his Departmental Noting and Drafting Examination. First time-bond- 2 promotion was allowed to him on completion of 10 years of his service with effect from 15.05.1983. Second time-bond-promotion was due to the petitioner with effect from 16.05.1998. However, the State Government took a resolution to replace time- bond-promotion scheme by introducing ACP Scheme with effect from 01.01.1996 vide letter no. 4685(B)(2), dated 25.06.2003, applicable with effect from 09.08.1999. Petitioner retired from his service on 31.05.2004 on completion of 26 years of service. However, benefits of first ACP scheme, for which he became entitled with effect from 09.08.1999 was not allowed to him till the date he remained in service. Considering the fact that petitioner had already passed his Departmental Examination, considering which first time-bond-promotion was allowed to him. So far, second time-bond-promotion is concerned that could not have been allowed to him with effect from 09.08.1999, as prior to that the scheme of time-bond-promotion was withdrawn and new scheme of ACP was introduced. The petitioner was entitled for his first A.C.P. with effect from 09.08.1999. 3 Accordingly, this application is being disposed of with a direction to the Respondents to consider petitioner’s entitlement for first A.C.P. with effect from 09.08.1999 and pass necessary orders in this regard for making all monetary and consequential benefits to the petitioner. Petitioner’s pension should also be revised after granting him the benefit of first A.C.P. Necessary Orders must be passed by the Respondent No. 2 within 12 weeks from the date of production / communication of the Order and consequential / monetary benefits must be allowed within four weeks thereafter. SKM (Mridula Mishra, J.)