Patna High Court CWJC No.12075 of 2010 (2) dt.01-12-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12075 of 2010 ====================================================== 1. Dilip Kumar Rajak S/O Jaimangal Rajak R/O Vill.- Panapur Dilawarpur, P.O.- Madhupur, P.S. And Block- Biddupur, Distt.- Vaishali At Hajipur 2. Brajnandan Rai S/O Late Shiv Shankar Rai R/O Vill.- Rampur Jurawan, P.O.- Balukaram, P.S. And Block- Vaishali, Distt.- Vaishali 3. Harendra Ram S/O Late Pannulal Ram R/O Vill. And Post- Kutub Saidpur, P.S. And Block- Biddupur, Distt.- Vaishali 4. Sanjeev Kumar S/O Late Sachidanand Singh R/O Vill.- Pakaori, P.O.- Rajasan, P.S. And Block- Biddupur, Distt.- Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary Department Of Revenue & Land Reforms, Government Of Bihar, Patna 3. The District Magistrate, Vaishali At Hazipur 4. The District Account Officer, Vaishali At Hazipur 5. The Deputy Collector, Establishment Collectorate- Vaishali Distt.- Vaishali At Hajipur 6. The Anchal Adhikari Mahua, Distt.- Vaishali At Hajipur 7. The Anchal Adhikari Lalganj, Distt.- Vaishali At Hajipur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kr.Roy For the Respondent/s : Mr. (Aag2) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 01-12-2011 Heard learned counsel for the petitioner and learned counsel for the State. Despite filing of the writ petition on 23.7.2010 after serving two copies in the office of the learned Advocate General, no counter affidavit has been filed till date. The Court has observed in more than one order that the respondents appear to be considering it a vested right to seek adjournment at the first listing to file counter affidavit notwithstanding the long passage of time that may have Patna High Court CWJC No.12075 of 2010 (2) dt.01-12-2011 gone by from the date of filing forgetting their constitutional obligations under Chapter-4 of the Constitution to assist the Court in speedy dispensation of justice. The petitioners were Amins absorbed on the post of Revenue Karmchari. They are desirous to be considered for grant of A.C.P. The respondent No.2, District Magistrate, makes a query on 24.7.2006 and stalls consideration of their claims. From the materials placed by the petitioners it appears that there was no occasion for the District Magistrate to make that query in view of the letter of the Finance Department dated 9.9.2008 bearing No.7725 at Annexure-1 to the writ application. The respondent No.2 is directed to decide the claims of the petitioner for entitlement of A.C.P. in light of the directions of the Finance Department within a maximum period of 8 weeks from the date of receipt/presentation of a copy of this order. It is further directed that the legitimate dues of the petitioners, if any, be then paid to them within a maximum period of 12 weeks in accordance with law without awaiting further round of litigation. The application is disposed. Krishna Chandra Jha/- (Navin Sinha, J)