IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.387 of 2010 1. RAMESH MISHRA S/O PANDIT JAGESHWAR MISHRA R/O VILLAGE + POST OFFICE + POLICE STATION - RANGAON, DISTT.- SAHARSA Versus 1. THE STATE OF BIHAR 2. THE HEALTH COMMISSIONER-CUM-SECRETARY HEALTH SERVICES AND FAMILY WELFARE DEVELOPMENT, BIHAR, PATNA 3. THE DIRECTOR, HEALTH SERVICES BIHAR, NEW SECRETARIAT, BAILY ROAD, PATNA 4. THE DISTRICT MAGISTRATE DARBHANGA 5. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER DARBHANGA ----------- 02/ 11.05.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for a direction to the respondents to allow the benefit of Assured Career Progressive Scheme, since throughout his career it was not allowed to him. He has superannuated from his service on 30.6.2004 from the post of Regional Malariya Officer, Darbhanga. Petitioner was appointed as Rural Faculty Planning Officer on 29.4.1971 and posted in the district of Bhagalpur. Thereafter he was posted in different capacity at different places and finally superannuated on 30.6.2004. As per the statement in the writ application, on 18.3.2002 before his superannuation and on 14.7.2005 after his superannuation, the petitioner represented before the authorities for allowing him the benefit of Assured Career - 2 - Progressive Scheme but till date there is no consideration on the part of the respondents. This application is being disposed of, giving direction to respondent nos. 2 and 3 for considering the representation filed by the petitioner and dispose it off within two months from the date of its filing with a reasoned order. The case of the petitioner be considered in accordance with the rules, since the petitioner during his service career has not been allowed any promotional benefit, as such while considering his representation this fact must be considered by the respondents-authorities. The representation of the petitioner must be considered and decided in a positive manner and all consequential benefits be granted to him within four weeks from the date of disposal of the representation. DKS/ (Mridula Mishra, J.)