IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3331 of 2007 BAIDYANATH MISHRA, SON OF SRI BHUTTO MISHRA, RESIDENT OF VILLAGE MEHA, P.O. PARIHARA, POLICE STATION BALIA, DISTRICT BEGUSARAI, AT PRESENT POSTED AS UPPER DIVISION CLERK, BALIA SUBDIVISIONAL OFFICE, DISTRICT BEGUSARAI. Versus 1. THE STATE OF BIHAR THROUGH THE COLLECTOR CUM DISTRICT MAGISTRATE, BEGUSARAI. 2. THE DEPUTY COLLECTOR, DISTRICT ESTABLISHMENT, BEGUSARAI. 3. THE SUBDIVISIONAL OFFICER CUM S.D.M., BALIA SUBDIVISION, DISTRICT BEGUSARAI. ---------------------------------- 02. 13.09.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time served as Clerk in the office of the Sub-Divisional Officer, Balia in the district of Begusarai. During the pendency of the writ petition petitioner superannuated. He has filed this writ petition praying inter alia to direct the Collector, Begusarai to consider his case for grant of ACP benefits as other Assistants have been granted such benefits under order bearing Memo No.6 dated 5.1.2007, Annexure- 4 but the case of the petitioner has not been considered for such grant in terms of the notification of the Finance Department dated 25.06.2003, 23.3.2006. 2 3. By filing counter affidavit State respondents have opposed the prayer made in the writ petition stating that for grant of ACP benefit under the Rules petitioner is required to have passed the Departmental Accounts Examination conducted by the Board of Revenue and as the petitioner has not passed the said examination his case was not considered for grant of ACP benefit on completion of 12/24 years of service. 4. In rejoinder learned counsel for the petitioner submitted that those Clerks who have attained the age of 50 years and have not passed the Departmental Accounts Examination are required to be exempted from passing the said examination in the light of the instruction of the State Government contained in circular letter no.4674 dated 15.5.1992, Annexure-B to the counter affidavit. 5. Having heard counsel for the parties, I direct the petitioner to represent before the competent authority for exempting his case from appearing in the Departmental Accounts Examination with effect from the date he attained the age of 50 years in the 3 light of the instruction of the State Government dated 15.05.1992. Representation of the petitioner for grant of exemption should be considered, as early as possible, in any case within two months from the date of receipt of the representation of the petitioner along with a copy of this order. In the event, exemption is allowed, Collector, Begusarai should consider the case of the petitioner for grant of ACP benefits in terms of the Rules within another two months. 6. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)