IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5182 of 2007 AWADHES PRASAD SINGH SON OF LATE GIRDHARI PRASAD SINGH RESIDENT OF VILLAGE NORTH PATEL NAGAR, P.S. PATLIPUTRA DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY ENERGY DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE SECRETARY, ENERGY DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE CHIEF ENGINEER, ENERGY DEPARTMENT, 3RD SECRETARIAT, PATNA. 4. THE ELECTRICAL SUPERINTENDING ENGINEER, ELECTRIC WORK CIRCLE, PATNA. ----------- 4 25/10/2010 Petitioner is a retired correspondence clerk who was working in the office of the Electrical Superintending Engineer, Electric Work Circle, Patna. Reason for his filing the present writ application is non grant of benefit of promotion under the Assured Career Progression (A.C.P.) Scheme. His contention is that other similarly situated persons have been given this benefit as recent as 19.1.2010 as well as 19.3.2010 which would be evident from notification nos. 05 and 16 respectively. Stand was taken by the State in the counter affidavit that the petitioner had not passed the accounts examination departmentally and, therefore, he could not be given the benefit but in rebuttal to the said stand, the - 2 - petitioner has categorically stated that no examination had been held for the last 16 years and keeping the same in mind, at one point of time, the Minister for Energy had made an endorsement on the file that the employees ought to be given the benefit of A.C.P. without passing examination in the above stated circumstance. This aspect was taken into consideration for giving the benefit of promotion under the A.C.P. scheme with regard to other similarly situated employees but petitioner has been singled out for discrimination for the reasons best known to the respondents. The Court had adjourned the matter on 15.09.2010 giving an opportunity to the learned counsel for the State to rebut this position if it is not true but no supplementary counter affidavit denying such submission has been filed till date. In other words the stand of the petitioner does not stand controverted. In the above stated background, this writ application is disposed of with a direction upon the Secretary, Energy Department, Govt. of Bihar, Patna (respondent no. 2) that he will get the matter verified from the concerned authorities keeping in mind even the - 3 - recent notifications which have been taken note of in the earlier part of the order with regard to the claim of the petitioner and if the case of the petitioner is similar to the beneficiaries of the notifications contained in annexure-4 series, it goes without saying that steps will be taken to extend similar benefit to the petitioner. The Court expects a decision in this regard within four months from the date of communication or production of a copy of this order along with supporting materials by the petitioner before respondent no. 2. This writ application is disposed of with the above direction. AMIN/ (Ajay Kumar Tripathi, J.)