IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18069 of 2008 Shivnandan Prasad, S/o Late Jadunandan Prasad, R/o Mohalla Kalyanpur, P.S. Jamui, District Jamui…………………………………………………………………………….…Petitioner Versus 1. The State Of Bihar through the Secretary, Department of Health, Government of Bihar, Patna. 2. Civil Surgeon-cum-Chief Medical Officer, Jamui. 3. District Malaria Officer, Munger. 4. Medical Officer Incharge Laxmipur, P.S. Laxmipur, District Jamui……………………..Respondents ---------------------------------- 2 26.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner’s prayer in this writ application is for a direction to the respondents to grant him benefits of A.C.P. scheme and release the monetary benefits thereof. It is the case of the petitioner that he superannuated with effect from 31.01.2001 after completing continuous service of 33 years. It is submitted that after A.C.P. Rules came into force in 2003 with retrospective effect, petitioner has become entitled for the same. There is no counter affidavit in this case and the counter affidavit placed on record appears to be of different case 2 although bearing the same number. Learned counsel for the respondents also accepts that no counter affidavit has been filed in this case. In the circumstances, the writ application is disposed of with liberty to the petitioner to file a representation before the Civil Surgeon-cum-Chief Medical Officer, Jamui within four weeks from today. If he does so, the Civil Surgeon, Jamui shall consider the same, examine the entitlement of petitioner under the A.C.P. scheme and pass appropriate orders in accordance with law for release of admitted monetary benefits of the same positively within two months from the date of filing of the representation. BT (J. N. Singh, J.)