IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3386 of 2007 RAJ BALLABH PD.SHARMA S/O LATE RAGHU SINGH R/O VILLAGE- LAKHIPUR, PO-DOMA, PS- BAKTIYARPUR, DISTT ---PATNA----------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM-SECRETRY, GOVT. OF BIHAR, DEPARTMENT OF P.H.E.D.BIHAR,PATNA 2. THE ENGINEER IN-CHIEF-CUM SPECIAL SECY. PHED,PATNA 3. THE DEPUTY SECY. PHED( MANAGING CELL) 4. THE CHIEF ENGINEER(MECHANICAL) PHED,BIHR 5. THE EXECUTIVE ENGINEER, PHED,(MACHENICAL) DIVISION, MUNGER 6. THE DISTRICT PROVIDENT FUND OFFICER, MUNGER------------ ----------------------------RESPONDENTS ----------- 2 26.3.2009 Heard learned counsel for the parties. After the pleading had been completed and counter affidavit has been filed on behalf of the respondents there is nothing due, the details of the payments which have been made to the petitioner has been indicated in the counter affidavit. But a statement has been that in the rejoinder filed to day that salary for the month of January, 2000 though sanctioned vide T.V. No. 1/2000 to the extent of Rs. 13,315/- has not been paid to the petitioner and is still lying with the Government Treasury, Munger. In this regard a direction is issued upon the Treasury Officer, Munger that he shall look into the matter as to why this amount has not been released in favour of the petitioner. If any formality is required to be done he shall inform of the same to the petitioner and thereafter this payment ought to be released in favour of the petitioner, if not already paid. The Court expects that same shall be done within two months from the date of communication or production of a copy of this order. - 2 - Petitioner has now made a fresh prayer for grant of benefit of ACP Scheme in the rejoinder application. Since the petitioner did not plead for the same in the main writ application therefore the respondents had no occasion to respond on the same. The Court in the circumstances does not want to express any opinion on that part of the prayer but the petitioner has liberty to lodge his claim with the competent authority for grant of promotion under ACP Scheme and the concerned authority after verification of the record and rules in this regard is expected to dispose of the matter within a period of six months from the date of filing representation for such claim. This writ application stands disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)