IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3057 of 2008 JAWAHARLAL MISHRA, SON OF LATE KAMLAKANT MISHRA, RESIDENT OF VILLAGE DAYALPUR, P.O. JHANDAPUR, P.S. BIHPUR, SUB-DIVISION NAVGACHHIYA, DISTRICT BHAGALPUR, PRESENTLY SERVING AS FITTER GRADE-I (A CLASS-III NON=GAZETTED TECHNICAL POST) IN PUBLIC HEALTH MECHANICAL SECTION, NEW CAPITAL, PATNA UNDER PUBLIC HEALTH MECHANICAL DIVISION, PATNA. ---- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT, BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 3. THE CHIEF ENGINEER (MECHANICAL), PUBLIC HEALTH ENGINEERING DEPARTMENT, BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 4. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH MECHANICAL ENGINEERING CIRCLE, BIHAR, VETERINARY COLLEGE, PATNA-14. 5. THE EXECUTIVE ENGINEER, PUBLIC HEALTH MECHANICAL DIVISION, B.V. COLLEGE, PATNA-14. ----- RESPONDENTS ----------- 5 12.5.2011 Learned counsel for the petitioner submits that he has filed representations in 1999 and then in 2007 claiming that Annexure-1 issued vide memo no. 193 dated 6.2.1985 granting him promotion to the post of Fitter Grade I, giving him 12% increase in his pay scale, is a fresh appointment by virtue of which he comes into Class III cadre (technical) and as such he would be entitled for grant of A.C.P. The stand of the State in the counter affidavit is that the petitioner is a Class Iv appointee and would not be entitled to A.C.P. as he has already received promotions in the line of his work. 2 The petitioner may file a fresh representation before the Secretary, Public Health Engineering Department, Bihar within a period of six weeks from the date of receipt of a copy of this order. The respondent no. 2 may dispose of the said representation within a period of four months thereafter. This writ application is thus, disposed of. Sanjay ( Sheema Ali Khan, J.)