IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1274 of 2010 GANGA SHARAN Versus THE STATE OF BIHAR & ORS ----------- 2. 26.7.2010 Heard learned counsel for the petitioner and the State. The petitioner contends that he became eligible to be considered for grant of second A.C.P. with effect from 13.7.2005, upon having completed 24 years of service. It is next contended that on that date of eligibility there were no departmental proceedings pending against him. Notwithstanding the eligibility while he has been denied consideration, his juniors have been granted such benefit thus causing hostile discrimination to him. Learned counsel for the petitioner next contended the fact that any departmental proceedings may have been initiated against him subsequently on 2.1.2007 cannot be relevant for considering him for grant of A.C.P. on a date prior thereto. On the own showing of the petitioner from Paragraph 22 of the writ application it is apparent that he has rushed directly to this Court without first representing before the authorities. The basic principle for a writ of mandamus is a demand and refusal to grant 2 relief which is wanting in the present case. Learned counsel for the State therefore rightly suggests that the matter be disposed off with liberty to the petitioner to file a representation. If the petitioner files a representation within a maximum period of six weeks from today, let the same be considered and disposed off by a reasoned and speaking order within a maximum period of two months from the date of receipt and/or presentation of such representation along with a copy of the present order. Needless to state that if the petitioner is found eligible, or partly eligible, all necessary consequential orders shall be passed simultaneously. The writ application stands disposed. P. Kumar (Navin Sinha, J.)