IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18066 of 2011 Arun Kumar Son Of Late Ram Krishna Singh Resident of 26, Vasant Vihar Colony, Boring Raod, P.S. - S.K. Puri, District- Patna Versus 1. The State of Bihar through Chief Secretary 2. The Secretary, Road Construction Department, Govt. of Bihar, Patna. 3. The Deputy Secretary, Road Construction Department, Bihar, Patna. ---------------------------------- 2. 15.10.2011 Heard learned counsel for the petitioner as well as learned A.C. to G.P. 13 for the respondents. The petitioner has moved this Court for a direction for grant of 2nd A.C.P. with effect from 9.8.1999 in the pay scale of Rs. 14300/- -18300/- since he has completed 24 years of regular service on 12.8.1998. Learned counsel for the petitioner submits that initially the same was being denied because of the pendency of a criminal case against him. He submits that the said ground was not tenable since this Court in various decisions including one in Amrika Prasad Vs. The State of Bihar & Ors. reported in 2007 (1) PLJR 501 has held that mere chargesheet or levelling of allegations cannot be ground to refuse of promotion. He further states that in the present case the petitioner’s case is on better footing for grant of A.C.P. since it is not a regular promotion and is only by way of granting personal benefits and inherent parameters of regular promotion should not apply to him. The petitioner superannuated on 30.6.2008. He 2 submits that in 2003 he has submitted his representation but the same has not been considered. He also points out that similarly situated persons have been granted A.C.P. in the year 2000 against whom also there was departmental proceeding pending but still they have been granted the benefit of second A.C.P. Learned counsel lastly submits that the petitioner has submitted a representation as late as on 20.7.2011 before respondent no. 2 which is still pending. Considering the facts and circumstances of the case, this Court directs respondent no. 2 to consider the said representation of the petitioner as contained in Annexure-8 to the writ petition within a period of two months from the date of receipt/production of a copy of this order upon him. He shall take into consideration various factors including the fact that similarly situated persons may have been granted the said benefit. The petitioner shall not be discriminated against. If anything is found payable the said benefit shall also be given to him within the next four weeks thereafter. With the aforementioned observations and directions the writ petition stands disposed off. Anand Kr. (Ahsanuddin Amanullah, J.)