IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4817 of 2008 BIRENDRA KUMAR, SON OF LATE RADHA RAMAN SHARMA RESIDENT OF VILLAGE PALEYA P.S./P.O. MAKHDUMPUR DISTRICT JAHANABAD, AT PRESENT RESIDENT OF VILLAGE/BLOCK PATHERI BELSAR, P.S. VAISALI DISTRICT VAISALI. Versus 1. THE STATE OF BIHAR 2. THE JOINT SECRETARY REVENUE AND LAND REFORMS DEPARTMENT OF STATE OF BIHAR, OLD SECRETARIAT PATNA. 3. THE JOINT SECRETARY, DEPARTMENT OF IRRIGATION, STATE OF BIHAR, PATNA, OLD SECRETARIAT PATNA. 4. THE SPECIAL SECRETARY, DEPARTMENT OF IRRIGATIION, STATE OF BIHAR, PATNA, OLD SECRETARIAT, PATNA. 5. THE DIVISIONAL COMMISSIONER TIRHUT DIVISION AT MUZAFFARPUR. 6. THE SECRETARY OF DIVISIONAL COMMISSIONER TIRHUT DIVISION AT MUZAFFARPUR. 7. THE DISTRICT MAGISTRATE CUM DISTRICT COLLECTOR, VAISALI AT HAZIPUR. 8. THE DISTRICT LAND ACQUISITION OFFICER VAISALI AT HAZIPUR. ----------- 03. 21.06.2011 Heard learned counsel for the petitioner and the State. Counter affidavit has not been filed in spite of clear direction of this Court contained in order dated 22.4.2011 to file such counter affidavit disputing the averments of the petitioner that five persons junior to him have been allowed first time bound promotion/ACP benefit. 2. It appears petitioner was appointed as Statistical Assistant after he became successful in the competitive examination conducted by the Bihar State 2 Subordinate Services Selection Board under order no.275 bearing Memo No.5533 dated 6.8.1983, Annexure-2 and thereafter as Circle Inspector cum Kanungo under order no.1250 bearing Memo No.3250 dated 6.8.1984, Annexure-3 and presently is serving as such in the office of the Land Acquisition Officer, Hajipur, Vaishali. He has filed this writ petition asserting that although, he became entitled for grant of time bound promotion before the same was abolished with effect from 1.1.1996 and ACP benefit thereafter but till date the authorities have not considered his request for grant of either the time bound promotion or the ACP benefits. In this connection, petitioner also submitted representation dated 30.7.2007 before the District Magistrate, Vaishali, copy whereof is contained in Annexure-6 to this application. 3. As no counter affidavit has been filed disputing the aforesaid contention, I have no option but to direct the District Magistrate, Vaishali to forward the representation of the petitioner, Annexure-6 for grant of time bound promotion/ACP benefit to the competent authority of the State Government, as early as possible, 3 in any case within one month from the date of receipt/production of a copy of this order, whereafter the competent authority of the State Government shall take appropriate decision in the matter within another two months from the date of receipt of the recommendation from the District Magistrate, Vaishali. 4. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)