IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5869 of 2007 VIJAY KUMAR SINHA, SON OF LATE RAMESHWAR PRASAD, RESIDENT OF MOHALLA MAHAVIR NAGAR, DASRATHA, P.S. PHULWARI SARIF, DIST. PATNA, RETIRED HEAD TYPIST FROM DEPARTMENT OF ENERGY GOVERNMENT OF BIHAR, PATNA. Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY, GOVERNEMNT OF BIHAR, PATNA. 3. THE SECRETARY, ENERGY DEPARTMENT GOVERNMENT OF BIHAR, PATNA. 4. THE CHIEF ELECTRICAL ENGINEER, ENERGY DEPARTMENT, GOVERNEMNT OF BIHAR, PATNA. 5. THE COMMISSIONER CUM SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 6. FINANCE COMMISSIONER, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. For the petitioner : M/s Ramakant Sharma, Sr. Adv., Rajesh Kumar, Advocate. For the State : M/s K.P. Gupta, SC-16, Anwar Karim, AC to SC-16 ------------------ 02. 18.11.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated while serving as Head Typist in the Energy Department of the State Government with effect from 31.01.2003. He has filed this writ petition questioning the validity of office order bearing Memo No.2421 dated 22.06.2006 issued by the Chief Electrical Engineer, Energy Department, respondent no.4 whereunder petitioner has been allowed second ACP with effect from 9.8.1999 in the scale of Rs.5000-175-9000/-. 3. It is submitted on behalf of the petitioner that second ACP should have been granted to the petitioner with effect from 9.8.1999 but in the higher scale of Rs.6500-200- 10500/- as was granted to Sri Kapil Deo Singh Typist in the Environment and Forest Department of the State 2 Government under office order bearing Memo No.3283 dated 22.11.2004, Anenxure-4. Highlighting the aforesaid illegality petitioner filed representation before the Commissioner and Secretary, Energy Department, which is dated 16.10.2006 copy whereof is contained in Anenxure-5 to this application. 4. Having heard counsel for the parties, I direct the Commissioner and Secretary, Energy Department to consider the representation of the petitioner dated 16.10.2006, Annexure-5 in the light of the ACP Rules, 2003 in accordance with law as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Commissioner and Secretary, Energy Department. Commissioner and Secretary is at liberty to take advice in the matter from the Secretary, Finance Department but in any case he should pass speaking order in this regard within the time indicated above. In the event, petitioner is allowed the benefit of higher scale, necessary payment in terms thereof be also made within the same time. 5. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)