IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1366 of 2010 1. AWADHESH KUMAR TIWARI S/O LATE GAURI SHANKAR TIWARI R/O VILL.- ALLAPUR, P.S.- MANJHAGARH, DISTT.- GOPALGANJ Versus 1. THE STATE OF BIHAR 2. THE SECRETARY ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA 3. THE DEPUTY SECRETARY (MANAGEMENT CELL) ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA ----------- 2/ 26/07/2010 Heard learned counsel for the petitioner and learned counsel for the State. The limited contention of the petitioner in this application is to be considered for grant of the benefits of second A.C.P. with effect from 10.12.2004 when he claims to have completed 24 years of regular service. The ground is that on the date of eligibility i.e. 10.12.2004 there was no departmental proceeding pending against him and his juniors have been granted the benefit. The fact that subsequent to the date of eligibility any departmental proceedings may have been initiated against him shall not be relevant. The petitioner has represented for the purpose on 28.8.2008 before the Deputy Secretary (Management Cell), Road Construction Department which is pending. Learned counsel for the State rightly contends that these are matters of facts to be examined from the service record of the petitioner when his case is required to be considered in accordance with law. He further - 2 - submits that the petitioner may more appropriately represent before the Secretary, Road Construction Department, the authority competent. If the petitioner represents before respondent No.2 within a maximum period of six weeks from today, let the same be considered and disposed off in accordance with law by a reasoned and speaking order within two months from the date of receipt/presentation of a copy of this order. Needless to state that if the respondents find justification in his claim or any part of the claim, necessary consequential orders shall be issued simultaneously. The writ application stands disposed. KC ( Navin Sinha, J.)