IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2868 of 2007 1. Ratan Kumar Sinha, SON OF LATE KAMLA PRASAD, RESIDENT OF EAST INDIRA NAGAR, ROAD NO.2, P.S.- KANKARBAGH, P.O.- LOHIANAGAR, KANKARBAGH, PATNA-20 OF TOWN DISTRICT- PATNA. 2. PRABHAT KUMAR, SON OF LATE RAJKISHORE PRASAD, RESIDING AT INDU BHAVAN, NEAR C.P.I.M. OFFICE, ROAD NO. 13-B, RAJENDRA NAGAR, P.S. SULTANGANJ, P.O.- RAJENDRA NAGAR, PATNA-16 OF TOWN & DISTT. PATNA. 3. BALESHWAR NARAIN SINHA, SON OF LATE RADHA KANT PRASAD SINGH, VILLAGE- MADHUBANI, P.S. CHIRAYA, P.O. MADHUBANI KALA, DISTT: EAST CHAMPARAN PRESENTLY RESIDING AT B-129 BIRLA COLONY, PHULWARISHARIF, PATNA-801505. 4. PRABODH KUMAR SINHA SON OF LATE RAJA RAM CHANDRA PRASAD, 243 JUSTICE RAJ KISHORE PATH (NEW AREA) KADAM KUAN, P.S. KADAM KUAN, DISTRICT- PATNA 800 003. 5. AJOY KUMAR, SON OF LATE RAM NANDAN PRASAD AT BRAJ NANDAN BHAVAN, B-AREA BENGALI ROAD, MITHANPURA, P.S. JAKKANPUR, P.O. GPO., PATNA-1 OF DISTRICT TOWN PATNA :--PETITIONERS. Versus 1.The State Of Bihar THROUGH THE COMMISSIONER AND SECRETARY TO GOVERNMENT, ROAD CONSTRUCTION DEPARTMENT, VISHWESHARAYA BHAVAN, BAILEY ROAD, PATNA. 2. JOINT SECRETARY TO GOVERNMENT, ROAD CONSTRUCTION DEPARTMENT, BIHAR, VISHWESHARAYA BHAVAN, BAILEY ROAD, PATNA 3. CHIEF ENGINEER, CENTRAL DESIGN ORGANISATION, ROAD CONSTRUCTION DEPARTMENT, C.D.O. BUILDING, BAILEY ROAD, PATNA. 4. UNDER SECRETARY TO GOVERNMENT, FINANCE (PERSONNEL CLAIM CELL) DEPARTMENT BIHAR (BARRACK) NEAR OLD SECRETARIAT, POST OFFICE- PATNA :--- RESPONDENTS. ---------------------------------- 2. 08.09.2011. By filing I.A.Nos. 2163 of 2008, 6717 of 2009 counsel for the petitioners has informed this Court that during the pendency of the writ petition Petitioner Nos. 2,4 left for their 2 heavenly abode on 31.12.2007, 16.11.2008 leaving behind their son, wife respectively. 2. Let the name of Petitioner Nos. 2,4 be expunged from the array of petitioners and the heirs and legal representatives be substituted in these proceedings as Petitioner Nos. 2,2a,2b and Petitioner No. 4. 3. I.A.Nos. 2163 of 2008, 6717 of 2009 are, accordingly, disposed of. 4. Heard learned counsel for the petitioners and the State. 5. Petitioner Nos. 1,3,5 superannuated while serving on the post of Assistant Director on different dates, as indicated in chart at page 17 of the brief. By filing this petition they have requested the High Court to direct the Commissioner and Secretary of the Road Construction Department to consider their case for grant of 2nd A.C.P. in the light of the provisions contained in Bihar State Employees Conditions of Service Conditions (Assured Career Progression Scheme) 3 Rules, 2003, Annexure-8, as modified under notification bearing Memo No. 1802 dated 23.3.2006, Annexure-9. In this connection petitioners have also filed representation which is addressed to the Commissioner and Secretary of the Department and is contained in Annexure-11-15 series. 6. Let the respondent- authorities consider the case of the petitioners for grant of 2nd A.C.P. in the light of the Bihar State Employees Conditions of Service Conditions (Assured Career Progression Scheme) Rules, 2003, Annexure-8, as modified under notification dated 23.3.2006, Annexure-9 in accordance with law, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the Secretary and Commissioner of the Department. 7. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)