IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9319 of 2006 SIDHESHWAR PRASAD SINGH, SON OF LATE GANAURI SINGH, RESIDENT OF VILLAGE BERAUTI, P.S. DEEP NAGAR IN THE DISTRICT OF NALANDA……PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA 3. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, SHEIKHPURA 4. THE TREASURY OFFICER, SHEIKHPURA 5. THE INCHARGE, MEDICAL OFFICER, PRIMARY HEALTH CENTRE, ARIARI, SHEIKHPURA…………………….………RESPONDENTS ----------- 3. 17.08.2009 Learned counsel for the petitioner is permitted to make necessary corrections in the description of respondent nos. 3, 4 and 5 given in the cause title of the application. Heard learned counsel for the petitioner and learned counsel for the State. This writ application has been filed by the petitioner for a direction to the respondents to pay the monetary benefits of Ist and 2nd Assured Career Progression scheme with effect from 9.8.1999 and consequent to that, re-fix the pension of the petitioner on the basis of the said promotion and for further direction for payment of all arrears to which he may be legally entitled. This writ application was filed on 1.8.2006. However, till today no counter affidavit - 2 - has been filed on behalf of the respondents in this case. Learned counsel for the petitioner submits that A.C.P. promotion has already been granted to the petitioner by Annexure-2 and, therefore, order for monetary benefits has only to be passed by the respondents. He submits that the petitioner has already filed a representation before the concerned authority annexed as Annexure-3 to the writ application. He, however, submits that liberty may be granted to the petitioner to file a fresh representation for the purpose before respondent no.3, Civil Surgeon-cum-Chief Medical Officer, Sheikhpura which may be directed to be disposed of within a fix time frame. Learned counsel for the State has no objection to such a prayer. In the circumstances, this writ application is disposed of with a liberty to the petitioner to file a comprehensive representation before respondent no.3, Civil Surgeon-cum-Chief Medical Officer, Sheikhpura within one month from today. If such a representation is filed by the petitioner, respondent, Civil Surgeon-cum-Chief Medical Officer shall consider the same strictly in - 3 - accordance with law and dispose it of within three months from the date of filing of the said representation. Since the order of promotion has already been passed on 4.3.2006, its monetary benefits and consequential retiral benefits shall be paid to the petitioner forthwith. It is made clear that this Court has not expressed any opinion with regard to the claims of the petitioner which have to be considered by the respondent Civil Surgeon strictly in accordance with law. B.T (J.N. Singh, J.)