IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18856 of 2011 1. Sipahi Singh sonof Late Shivbalak Singh, Resident of village-Phaudara, P.O.- Madhaul via Bkkhra, P.S. Dist-Muzaffarpur. …..Petitioner. Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Commissioner, Tirhut Commissionary, Muzaffarpur. 3. The Superintendent, Sahid Kudiram Bose Jail, Muzaffarpur. ----------- 2. 25.10.2011 Heard learned counsel for the petitioner as well as learned A.C. to G.P.-19 for the respondents. The writ petition has been filed for a direction to consider the claim of the petitioner for promotion under the ‘Assured Career Progression Scheme’ (hereinafter referred to as the ‘A.C.P. Scheme’) which according to him is due but not been paid. The petitioner is deemed to have superannuated on 28.02.2003 after the dispute regarding the date was finally settled by this Court in C.W.J.C. No. 3628 of 2002 by order dated 27.11.2008. Learned counsel for the petitioner submits that in view of the petitioner pursuing the case with regard to his date of superannuation which was finally settled by this Court on 27.11.2008 in C.W.J.C. No. 3628 of 2002 (a copy of the said order has been produced by the learned counsel for the petitioner and is being kept on record), there is no 2 deliberate delay or laches on his part for not approaching this Court earlier for the grievance raised in this writ application. Learned counsel for the petitioner draws the attention of this Court to the letter of the Commissioner, Tirhut Division, Muzaffarpur to the respondent No. 3 dated 14.02.2011 by which he has been asked to conclude the matter with regard to the claim of the petitioner for promotion and also make payments. He submits that inspite of the same nothing has been done by the respondents. Considering the facts and circumstance of the case, let respondent No. 3 consider the case of the petitioner for grant of promotion under the ‘A.C.P. Scheme’ within a period of three months from the date of production / receipt of a copy of this order upon him. The concerned respondent shall also ensure that if any benefits are found payable to the petitioner then the same should also be paid to him within two months thereafter. The writ petition stands disposed off with the aforesaid directions. Saif/- (Ahsanuddin Amanullah, J.)