IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.105 of 2007 Nirmala Prasad wife of Shri Deep Narayan Prasad, at present resident of “ NIRMAL-DEEP KUTIR”, Road No. 9, Rajiv Nagar, P.O. Keshri Nagar, P.S.- Digha, District Patna-24 … … Petitioner Versus 1. The State Of Bihar 2. The Commissioner-cum- Secretary, Department of Labour, Employment and Training, Govt. of Bihar, New Secretariat, Bailey Road, Patna 3. The Labour Commissioner, , Department of Labour, Employment and Training, Govt. of Bihar, New Secretariat, Bailey Road, Patna 4. The State of Jharkhand through Commissioner- cum- Secretary, , Department of Labour, Employment and Training, Govt. of Jharkhand, Ranchi 5. The Labour Commissioner, Department of Labour, Employment and Training, Govt. of Jharkhand, Secretariat, Ranchi 6. The Accountant General, Bihar, Patna … …. Respondents ----------- For the Petitioner :Mr. Deepak Kumar Sinha, Advocate For the State of Bihar :Mr. Tejendra Sinha, A.C. to G.P.-20 For the State of Jharkhand :Mr. Dhruva Mukherjee, Advocate For the Accountant General :Mr. Ranjan Kumar, Advocate 02/ 07.07.2011 Heard learned counsel for the petitioner, the State of Bihar and the State of Jharkhand. 2. Petitioner superannuated while serving as Lady Social Organiser in the Labour Welfare Centre, Kumardhubhi, Dhanbad with effect from 31.3.2001. On account of re-organization of the united State of Bihar under Bihar Reorganization Act, 2000, her claim for promotion on the post of Labour Welfare Officer with effect from 1.1.1996 as also A.C.P. benefit could not be considered and she remained shuttling between the two 2 States i.e. bifurcated State of Bihar and State of Jharkhand. Finally Labour Commissioner, Bihar under letter No. 3527 dated 2.11.2006, Annexure-9 requested the Labour Commissioner, Jharkhand, Ranchi to consider her claim for grant of promotion and A.C.P. benefit. In spite of aforesaid request, her claim for grant of promotion and A.C.P. benefit has not been considered and she filed the present writ petition. 3. In the writ petition, the State of Jharkhand has filed counter affidavit, in paragraph 16 whereof, it has been stated that claim of the petitioner for grant of A.C.P. benefit is being considered and she has been asked to produce relevant documents. 4. Having heard counsel for the petitioner, the State of Bihar, and having considered the fact that claim of the petitioner is from a date which is earlier to 15.11.2000, I direct the competent authority in the State of Jharkhand to consider the case of the petitioner for grant of promotion and A.C.P. benefit with effect from the due date on the basis of the entries made in the service book, which must be in the custody of her Disciplinary Authority as early as possible, in any case within four months from 3 the date of receipt/ production of a copy of this order. In this connection, I may point out that the contention of the State of Jharkhand made in paragraph 16 of the counter affidavit that petitioner has been directed to produce the documents is of no consequence, as documents, which are required for considering the case of the petitioner for grant of promotion and A.C.P. benefit, must be in the custody of the employer. In case petitioner is allowed promotion and A.C.P. benefit, consequential payment found due to her be also paid within the same time. 5. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)