IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3811 of 2010 SATYA NARAIN SINGH S/O LATE DEVI DAYAL SINGH R/O KUADAH,P.S.BIHIYA,DISTT-BHOJPUR,AT PRESENT WORKING AS PUMP DRIVER ,PATNA MUNICIPAL CORPORATION,PATNA Versus 1. PATNA MUNICIPAL CORPORATION ,THROUGH ITS MAYOR BUDH MARG,PATNA 2. THE MUNICIPAL COMMISSIONER ,PATNA MUNICIPAL CORPORATION BUDH MARG,PATNA 3. THE CHIEF ENGINEER ,WATER SUPPLY SECTION PATNA WATER BOARD ,PATNA 4. THE EXECUTIVE OFFICER,WATER SUPPLY SECTION PATNA WATER BOARD,PATNA 5. THE FINANCE OFFICER,WATER SUPPLY SECTION PATNA WATER BOARD ,PATNA ----------- 02. 19.03.2010 Heard learned counsel for the petitioner and the counsel for the Patna Municipal Corporation(hereinafter referred to as the Corporation). 2. Petitioner is presently serving the Patna Water Board on the post of pump khalasi and is being paid salary in the scale of Rs.2750-4400/-. He has filed this writ application for a direction to the Corporation to consider his case for grant of ACP benefit as the Rule providing for such grant has already been adopted by the Corporation and other juniors of the petitioner have also been allowed such benefit. 3. Counsel for the Corporation has opposed the prayer. He states that petitioner having already earned promotion on the post of pump operator is not entitled for grant of ACP benefit as ACP benefit is allowed to those who fail to earn any substantive promotion within 12/24 years of completed service. 4. Counsel for the petitioner in rejoinder submitted that promotion of the petitioner on the post of pump operator has been granted on paper as arrears of salary of the said post is not being paid to him. Petitioner is not being allowed the scale of the promoted post 2 he is entitled for grant of ACP benefit. 5. Having heard counsel for the petitioner and the Corporation, I direct the Municipal Commissioner, Patna Municipal Corporation to consider the case of the petitioner for grant of ACP benefit in accordance with law and if the petitioner is found admissible for such grant and order to that effect is passed by the Municipal Commissioner then he be paid arrears of salary as per the ACP scheme, as early as possible, in any case within three months from the date of passing of the order by the Municipal Commissioner. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)