IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12546 of 2011 1. Damodar Pathak Late Kapil Deo Pathak Village- Bishambharpur, P.S. And P.S.Bihta, District-Patna. Versus 1. The State Of Bihar 2. The Principal Secretary, Department Of Finance, Government of Bihar, Patna. 3. The Deputy Secretary, Department of Finance, Government of Bihar, Patna 4. The Superintendent, Secretariat press, Gulzarbagh, Patna. --------------------- 2. 26.09.2011 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is supposed to have 24 years of requisite service behind him under the respondent State. To get benefit of first and second A.C.P. completion of 12 years and 24 years of service is required. By virtue of Annexure-4 Ist A.C.P. was granted but that too because of the intervention of the High Court. Benefit of first A.C.P. has been given to many persons including the petitioner with effect from 09.08.1999, however, no decision has been taken to grant him second A.C.P. on the ground that the respondents have not been able to confirm the status of notification by virtue of which first time bound promotion was granted. Even according to the petitioner, the benefit of first time bound promotion was given by the respondents’ way back on 15.08.1992, as it would be apparent from Annexure- B. If the respondents have failed to confirm or approve first time bound promotion even after 18 years, the benefit of 2 A.C.P. cannot be denied to them because of their own inaction. Counsel for the petitioner submitted that the grant of benefit of first time bound promotion has no relation with regard to the claim of the petitioner for grant of first A.C.P. or second A.C.P. which is the composite claim notified by the State Government. To that extent the reasons for denial of such a benefit would be amounting to giving leeway to the respondents or certifying their inaction. In absence of any rule having been produced by counsel for the State that non confirmation of Ist time bound will come in the way of grant of 2nd A.C.P., when first has been granted, rejection is for extraneous reason. There is nothing against the petitioner in terms of eligibility. The petitioner has a right to claim benefit of second A.C.P. on completion of 24 years of service. In view of the above direction is issued upon respondent no.4, the Superintendent, Secretariat Press, Gulzarbagh, Patna that he will do what is required to be done for grant of A.C.P. benefit by taking all such steps or approval from the higher authorities within three months from the date of receipt of a copy of this order in extending the benefit. The writ application is allowed with the above direction. Ravi/- (Ajay Kumar Tripathi, J.)