IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10240 of 2006 HEM BALLAV DAS, son of late Deo Narayan Lal Das, village Galama, P.S. Ghanshyampur, District Darbhanga, Bihar at present (Prayoghhala Pravaidhiki) Rajkiya Ayodhya Sehokumari Ayurvedic College, Begusarai and president of Bihar State non-gazetted Employees Association’s Branch office Rajkiya Ayurvedic Sheokumari College and Hospital, Begusarai … Petitioner Versus 1. THE STATE OF BIHAR 2. The Commissioner cum Secretary to Government of Bihar, Department of Health, Bihar, Patna 3. The Joint Secretary to Government of Bihar, Department of Health (Deshi Chikitsa), Bihar, Patna 4. The Deputy Secretary (Deshi Chitiksha) Department of Health, Bihar, Patna 5. The Director (Indegenious Medical) Bihar, Department of Health, Bihar, Patna 6. The Principal of Government Ayodhya Sheokumari Ayurvedic College, Begusarai cum President of Secreening Committee constituted for implementation of Assured Career Progression Scheme known as (A.C.P. Scheme) under Rule 7 of the Bihar State Employees Service Condition Rules, 2003. 7. The Collector of District Begusarai cum Chairman of Establishment Committee, Begusarai … Respondents ----------- 2. 27.8.2010 Having heard counsel for the parties in respect of the following prayer: “This is an application for issuance of writ in nature of certiorari to quash the order passed by the respondent no.5 issued under letter no. 698 (Desi Chitiksha) dated 28.7.05 contained in Annexure 13 and also for issuance of writ of mandamus commanding the respondents to mention service cadre of petitioners and others as District 2 Surendra/ Level for purpose of implementation of A.C.P. Scheme in accordance with Rules framed by State of Bihar, Finance Department under memo no. 3M-2-5 P.R. 28/99 4685 (F-62) Patna dated 25.6.03.” and satisfaction drawn by the counsel for the petitioner on the following stand taken by the respondent in paragraph 7 of the counter affidavit: “That it is, however, stated that in matters relating to grant benefit under A.C.P. Scheme and for restoring power in this regard to regional Offices is under consideration of the Government. This proposal is being sent to department of Finance and after approval of the Department of Finance appropriate order will be issued.” this Court would dispose of this writ application with a direction to the respondents to consider the case of grant of A.C.P. benefit to the petitioner in accordance with the decision taken by the Finance Department. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) 3