IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.537 of 2010 1. GANORI MANDAL S/O LATE SINGESHWAR MANDAL R/O VILL.- BERAIN, P.S.- SHAHKUND, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, BIHAR, PATNA 2. SUPERINTENDING ENGINEER, BUILDING CONSTRUCTION DEPARTMENT, BHAGALPUR CIRCLE, BHAGALPUR 3. EXECUTIVE ENGINEER, BUILDING CONSTRUCTION DEPARTMENT, BHAGALPUR 4. TREASURY OFFICER, BHAGALPUR TREASURY, BHAGALPUR 5. SRI HARE RAM SINGH, SUPERINTENDING ENGINEER, BHAGALPUR CIRCLE, BHAGALPUR 6. SRI RAKESH KUMAR, EXECUTIVE ENGINEER, BUILDING CONSTRUCTION DIVISION, BHAGALPUR ----------- 04. 21.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is stated to be IVth Grade employee in the Building Construction Department, appointed on 18.9.1963. He superannuated on 31.10.2002. While in Service, he is stated to have been granted first time bound promotion with effect from 1.4.1981 by order dated 2.8.1988. Second time bound promotion was granted with effect from 18.7.1988 by order dated 24.2.1989. He received the actual monetary benefits for the same. After his superannuation, he filed an application for grant of A.C.P. benefits on 28.9.2006. This Court in C.W.J.C. No. 7255 of 2009 directed consideration thereof. By an order dated 10.10.2009 he has been 2 granted first A.C.P. in the Scale of Rs. 2650-4000/- on completion of 12 years of service and second A.C.P. in the Scale Rs. 2750-4400/-. His pay scale has been re- fixed and recovery of excess payment ordered. Learned counsel for the petitioner submits that on the date of his superannuation, consequent to the grant of second time bound promotion, the petitioner was drawing the pay scale of Rs. 2650- 4000/- and therefore he was entitled to first A.C.P. in the pay-scale of Rs. 2750-70-3800-75-4400/- and to the benefits of second A.C.P. after 24 years of service in the pay-scale of Rs. 3050-75-3950-80-4590/-. Reliance is further placed on Rule 3 (I) A of the Bihar State Employees Service Conditions (Assured Career Progressive Scheme) 2003, that the pay-scale given to him in pursuance of time bound promotion prior to 1.1.1996 shall not be disturbed in fixation of A.C.P. scale. The writ petition was filed on 18.1.2010. Despite two adjournments, no counter affidavit has been filed. No useful purpose shall be served by keeping the writ petition pending for that purpose. It is disposed off with the directions to the respondents to consider the grant of appropriate pay- scale to the petitioner, both in the first and second 3 A.C.P. Let a fresh reasoned and speaking order in light of the aforesaid discussion be passed within a maximum period of three months from the date of receipt/production of a copy of this order. The respondent no.2 shall be obliged to grant personal hearing to petitioner if he so requests, for such fresh decision of the matter. Since the respondents have failed to file a counter affidavit, this Court considers it proper to grant interim protection to the petitioner so that the very purpose of the remand is not frustrated by directing that the order dated 3.11.2009 shall not be given effect to and no recovery shall be made from the petitioner nor shall his pay-scale be reduced from what he is drawing as pension at the moment till such fresh reasoned decision. The writ application stands disposed with the aforesaid direction. P.K. ( Navin Sinha, J.)