IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9909 of 2006 1. MD.QUASIM S/O LATE ASHRAF ALI R/O MOHALLA LAL MIYAN KI DARGAH, PO. & PS-PHULWARISHARIF, DISTT- PATNA 2. DEVLAL PRASAD S/O LATE CHAMMUTH SAW R/O OF VILLAGE USRI KHUSHYALPUR, PO-USRI, DISTT-PATNA 3. ABDUL AZIZ S/O LATE MD. ISAQUE, R/O ISA NAGAR PO- PHULWARISHARIF, DISTT-PATNA----------PETITIONERS Versus 1. THE STATE OF BIHAR THROGUH THE HOME COMMISSIONER, BIHAR,PATNA 2. THE HOME COMMISSIONER, BIHAR,PATNA AT ITS OFFICE AT OLD SECRETARIAT PATNA 3. THE I.G.JAIL, OLD SECRETARIAT,PATNA 4. THE DIRECTOR OF PROBATION SERVICES BIHAR, OLD SECRETARIAT, PATNA 5. THE PRADHAN PROBATION OFFICE AT ITS OFFICE AT DANAPUR JIAL, PATNA 6. THE PRINCIPAL PROBATION OFFICER, VAISHALI, HAJIPUR 7. THE DISTRICT PROVIDENT FUND OFFICER,PATNA,------------ ----------------------------------RESPONDENTS ----------- 2 22.11.2010 I.A. No. 3153 of 2009 has been filed on behalf of petitioner no.2 since he died during the pendency of the writ application on 24.5.2008. Originally petitioner no. 2, Devlal Prasad @ Devlas Prasad, had two wives, namely Shakuntala Devi and Malti Devi, but Shakuntala Devi died in 2009 issueless. Therefore only Malti Devi is said to be the legal heirs of petitioner no.2. I.A. is allowed. Heard learned counsel for the parties. The two petitioners were erstwhile employees of the State of Bihar. The reason for their filing of the writ application is that the respondent authority have failed to respond on their claim for grant of benefit of ACP in terms of the scheme formulated in the year 2003 and further amended and modified in the year, 2006. In terms of the said scheme the benefit is to accrue from 9.8.99. Despite representation and legal notice no steps have been taken by the respondents in the last four years. Even filing of - 2 - the writ application has not begotten them any response and non- filing of any counter affidavit till date. In absence of any stand of the State, this matter is relegated to the Principal Secretary-cum-Commissioner, Home Department, Government of Bihar who will get the claim of the petitioners examined and if they are entitled to the benefit of ACP steps would be taken for according sanction in their favour. If not a speaking order stating the reason thereof must be communicated to them. A decision in this regard ought to be taken within a period of four months from the date of production or communication of a copy of this order. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)