IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.6230 of 2011 Kamlesh Mishra SON OF LATE DEO NANDAN MISHRA RESIDENT OF VILLAGE PATORI, P.S. PATORI, DISTRICT DARBHANGA. Versus The State Of Bihar & Ors ---------------------------------- 2 02/08/2011 Petitioner entered into the service on the post of Amin on 28.10.1972. At the time of superannuation which is 31st January, 2011 he was holding the post of Circle Inspector. His contention is that he is entitled to the benefit of 2nd A.C.P. with effect from 8.9.1999. Recommendation in this regard has also been made in terms of annexure-3 which is letter no. 354 dated 24.02.2011 but no final decision in this regard has been taken as yet which will have reflection when it comes down to the settlement of retiral dues and other claims of the petitioner. Looking at the nature of the relief which has been sought for, this writ application can be disposed of with a direction upon the District Magistrate, Madhubani (respondent no. 4) who is supposed to be the controlling authority to go through the service record of the petitioner and if the claim of the petitioner with regard to - 2 - grant of benefit of 2nd A.C.P. is found to be in order, he will issue appropriate direction within a period of three months from the date of production or communication of a copy of this order. Needless to say that if the benefit is granted, consequences will flow. If the claim is not found to be in order, speaking order has to be passed and made known to the petitioner within the same time frame. This writ application is disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)