IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4806 of 2010 1. SHATRUGHAN PRASAD PANDEY S/O SRI UMA KANT PANDEY R/O BAGMATI SITA CHOWK , HAJIOPUR , P.S HAJIOPUR, DISTRICT - VAISHALI Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, ROAD CONSTRUCTION DEPARTMENT, VISHEWESHARAIYA BHAWAN, BAILEY ROAD, PATNA 2. ENGINEER IN CHIEF ROAD CONSTRUCTION DEPARTMENT, VISHEWESHARAIYA BHAWAN, BAILEY ROAD, PATNA 3. THE DEPUTY SECRETARY , ROAD CONSTRUCTION DEPARTMENT, VISHEWESHARAIYA BHAWAN, BAILEY ROAD, PATNA ----------- 2. 8.11.2010 Heard learned counsel for the petitioner and the State. The claim in the application by the petitioner who is stated to be a Junior Engineer is to be considered for grant of 1st and 2nd A.C.P. in the pay scale of Rs. 6,500-10,500/- and in the scale of Rs. 10,000-15,200/- respectively from 9.8.1999 and 6.11.2005. His grievance is that while his juniors have been granted that benefit on 5.6.2008, his representation on 10.7.2008 followed by further representations in 2009 has evoked no response. Learned counsel submits that the institution of a First Information Report, Ganga Bridge P.S. Case No. 308 of 1991 is of no relevance or impediment. Charge sheet has been submitted on 30.7.2008 only. Placing reliance on Government 2 instruction dated 11.9.2002 he submits that the First Information Report could be a bar only after submission of charge sheet. On the date of eligibility as claimed, no charge sheet had been submitted. Counsel for the State rightly submits that these are matters to be considered by the respondents in accordance with the Government instruction while disposing off his representation. Let the representation of the petitioner be disposed by a reasoned and speaking order within a maximum period of three months from the date of receipt/production of a copy of this order. If the respondents find justification in the claim or in any part of the claim, it is expected that necessary consequential orders shall also be issued simultaneously. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)