IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.65 of 2008 MD.HASIBUR REHMAN Versus THE STATE OF BIHAR &ORS ----------- For the Appellant : Mr. Md. Abu Haider For the Respondents: Mr. V. M. K. Sinha, S.C. III ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 21st July, 2008. The appellant is an unsuccessful petitioner. Principally, his prayer in the writ petition related to the claim of arrears of salary for the period from 1st June 1992 to September 22, 1992 and for grant of Assured Career Progression under the scheme. 2. It appears from the available material that as regards the petitioner’s claim for arrears of salary from 1.6.1992 to 22.9.1992, the present litigation is nothing but an abuse of the process of Court. As a matter of fact, earlier in the writ petition filed by him being C.W.J.C. No. 8873 of 1993, inter alia, the petitioner raised the grievance regarding non-payment of salary for the period from June to September 22, 1992. The said writ petition was disposed of on 17.8.1994 and the petitioner’s claim of salary for the period from June to September 22, 1992 has been rejected. This is what the Division Bench said in its order dated 17.8.1994 : “Accordingly, we find it difficult to pass any positive order directing the payment of salary for the period from June to September, 1992. The claim is - 2 - accordingly rejected. 3. In so far as the petitioner’s grievance concerning Assured Career Progression scheme is concerned, respondent no. 8 in the counter affidavit has stated thus: “7. That so far as A.C.P. is concerned it is humbly submitted that Respondent No. 7, District Leprosy officer, Patna has sent vide his Office Letter No. 336 dated 09.06.2005, No. 108 dated 01.02.2008 and No. 435 dated 24.05.2008, the necessary papers of staff along with the petitioner for sanctioning A.C.P. to State Leprosy Officer, Bihar, Patna i.e. Additional Director, Health Services-cum-Controlling Officer, Leprosy Elimination Programme, Bihar, Patna who is sanctioning authority of A.C.P. 8. That in view of the aforementioned facts it is humbly submitted that so far as payment of salary for the period 01.06.1992 to 20.09.1992 is concerned, the appellant is not entitled for the same as the petitioner has not worked during that period and so far as granting A.C.P. is concerned, necessary steps has already been taken for the same.” 4. It is, thus, seen that the petitioner’s grievance regarding A.C.P. is being redressed and steps have been taken by the respondents. We direct respondent no. 8 to pass a positive order in this regard within six weeks from today. 5. With the aforesaid observations, the Letters Patent Appeal is disposed of. The order passed by the Single Judge on 5.12.2007 and impugned in the present appeal is modified accordingly. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/- - 3 -