IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5762 of 2011 Chaparasi Rabidas S/o late Jhafu Rabidas, R/o of village- Daradhi , Bahadurpur Khurd, PO- Simariya, PS- Nathnagar, Distt.- Bhagalpur-- ------------------------------------------------------------Petitioner Versus. 1. The State Of Bihar through Secretary cum-Commissioner, Deptt. Of Industries, Govt. of Bihar, New Secretariat, Vikash Bhawan, Patna 2. The Industrial Development Commissioner, Govt. of Bihar, New Secretariat, Vikash Bhawan, Patna 3. The Direction, Handloom & Sericulture, Govt. Of Bihar, New Secretariat, Vikash Bhawan, Patna 4. The Assistant Director, Industries (Sericulture) Combined Building Bhagalpur-----Respondents ----------- For the Petitioner: Mr.Ajay Mukherjee, Advocate For the State: Mr. Anil Kumar A.C. to GP-24 ------------- 3 27.7.2011 Heard learned counsel for the parties. Petitioner has superannuated after rendering service under the Director, Handloom and Sericulture, Government of Bihar. According to him he joined the post of what is labeled as rarer (Kit Palak) in the department of Sericulture. According to him he never got any promotion to the post which he was holding. Due to stagnation he was entitled to get benefit of ACP on completion of 12 years and 24 years of the service. But from the information which the petitioner has sought under Right to Information Act a communication dated 8.12.2008 has annexed that the case of the petitioner was to be placed before the Screening Committee and a decision would be communicated thereafter but petitioner is still waiting for such communication or decision which never came and therefore this present writ application. It is also the stand of the petitioner that on the basis of the direction of this Court earlier in the case of Anant Prasad Rai vrs. State of Bihar & Ors. which is CWJC No. 3507 of 2007 benefit of such kind has accrued to other similarly situated persons as recent as on 2 30.3.2010. Whatever be the background to the present case this Court is of the opinion that the Director, Handloom & Sericulture, Government of Bihar has an obligation to take a decision on the claim of the petitioner at least now since much time has elapsed since his claim was pending before them. In view of above this writ application is disposed of with a direction upon the Director, Handloom & Sericulture, Government of Bihar, respondent no.3 that the issue of grant of benefit of ACP will be considered by the department and decision communicated to the petitioner within a period of three months from the date of communication/production of a copy of this order. This writ application is disposed of with the above direction. RPS ( Ajay Kumar Tripathi, J.)