IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1193 of 2011 YOGENDRA DUBEY SON OF LATE RAM LAL DUBEY RESIDENT OF MOHALLA VIVEK VIHAR, ROAD NO. 4, HANUMAN NAGAR, P.S. PATRAKAR NAGAR, PATNA. Versus The State Of Bihar & Ors . ----------- 2 24/06/2011 Petitioner retired on 30.06.2010 as an Assistant Settlement Officer. He pleads discrimination against him in the matter of grant of benefit of second A.C.P. Many a persons identically situated like the petitioner, if not juniors to him, have been given benefit by various notifications which have been annexed with the writ application as annexures-9 and 10 but the request or claim of the petitioner addressed to the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna (respondent no. 2) has not been taken cognizance of. The said application of the petitioner is dated 15.11.2010 and is annexure-11 to the writ application. Since no counter affidavit has been filed on behalf of the State which could have helped the Court in coming to any opinion on the issue, the Court is left with no option but to direct the Principal Secretary - 2 - (respondent no. 2) to now verify the factual position which emerges from the service record of the petitioner and the circumstances under which juniors to the petitioner have already been given benefit of the A.C.P. Since the petitioner has already superannuated, such decision will have reflection on his final settlement of pension and other entitlement. The Court is of the opinion that the Principal Secretary, Revenue and Land Reforms Department should take decision on the claim of the petitioner in terms of annexure-11 within a period of three months from the date production or communication of a copy of this order. This writ application stands disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)