IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15524 of 2008 Ramdeo Prasad, son of Late Chitra Gope, Resident of Village Doman Bigha, Police Station Dhanarua, P.O. Nenauri Via Hazrat Sah, District Patna………………………………………………………………………….……….Petitioner Versus 1. The State Of Bihar. 2. The Commissioner-Cum-Secretary, Health Services, Government of Bihar, Patna. 3. The Director-in-Chief, Health Services, Government of Bihar, Patna. 4. The District Magistrate, Patna. 5. The Civil Surgeon-cum-Chief Medical Officer, Patna. 6. The Incharge Medical Officer, Primary Health Centre, Fatuha, Patna. 7. The Incharge Medical Officer, Additional Primary Health Centre, Saidanpur, Masarhi, Fatuha, Patna ………………………………………………..….Respondents ---------------------------------- 4 10.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Admittedly, petitioner has been granted first promotion under Bihar State Employees Conditions of Service Conditions (“Assured Career Progression Scheme”) Rules 2003 (in short, “A.C.P.”). and monetary benefits thereof have been given to him. However, he has been denied second promotion under A.C.P. scheme on the ground that he has not completed 24 years of service. In reply to statement made in the counter affidavit, it is stated that 2 petitioner joined his service on 23.05.1967. Hence, before his superannuation on 31.01.2000, he had completed 33 years of service. This date of appointment of the petitioner is not mentioned anywhere in the writ application nor there is any document with the writ application which supports this statement. In the circumstances, this Court is unable to pass any positive order for grant of benefits of second A.C.P. to the petitioner. Petitioner is directed to file a representation before the Civil Surgeon- cum-Chief Medical Officer, Patna within four weeks from today. On receipt of the representation, Civil Surgeon shall call for the original service-book of petitioner and ascertain his date of appointment and joining from the service-book. Thereafter on that basis, he shall calculate the period of service of the petitioner and if he finds that petitioner had completed the required length of service to make him eligible for grant of second A.C.P. also, the Civil Surgeon shall pass appropriate 3 orders in accordance with law in this regard positively within a period of two months from the date of filing of the representation. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)