IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14368 of 2010 1. MAHAVIR PRASAD SINGH S/O LATE RAM CHANDRA SINGH R/O VILL JAMUAWAMA, P.S.KHIZERSARAI, DISTT-GAYA ………… PETITIONER Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE BIHAR, PATNA 3. THE DISTRICT MAGISTRATE MUZAFFARPUR 4. THE SECRETARY(RESOURCES) DEPARTMENT OF FINANCE BIHAR, PATNA 5. TREASURY OFFICER MUZAFFARPUR 6. THE BIHAR STATE BRIDGE CONSTRUCTION CORPORATION LIMITED 7, SARDAR PATEL MARG, PATNA-800015 THROUGH ITS MANAGING DIRECTOR(IN SHORT CORPORATION) 7. THE MANAGING DIRECTOR, BIHAR STATE BRIDGE CONSTRUCTION CORPORATION LIMITED 7, SARDAR PATEL MARG, PATNA-800015 ……… RESPONDENTS ----------- 3. 15/04/2011 Petitioner has filed this writ application for a direction to the respondents to pay him benefits of first and second A.C.P. from the due date i.e. 9.8.1999 and 5.6.2005 respectively in view of the fact that the parent department of the petitioner i.e. Bihar State Bridge Construction Corporation Ltd. has already implemented A.C.P. Scheme for its employees, as contained in memo no.1232 dated 11.4.2008. He has also prayed for release of benefits of 6th Pay Revision in view of the fact that the same also has already been implemented in the Corporation vide memo no.223B dated 30.7.2009. Case of the petitioner is that initially 2 he was an employee of the Corporation, but later on, he had been taken into service by the Government on deputation and thereafter he has been finally absorbed also in Government service, vide Annexure-12. Learned counsel for the petitioner submits that since the petitioner has become a Government employee after his absorption, for all practical purposes he is entitled to A.C.P. as well as 6th Pay Revision. He also submits that even if Bihar State Bridge Construction Corporation is considered as his parent department, now that in the said Corporation itself, A.C.P. Scheme and 6th Pay Revision have been introduced and benefits of the same have been allowed to its employees, petitioner is still entitled to benefits of both. He refers to an order of this Court passed in a case in which one of the petitioners was an employee of Bridge Construction Corporation, copy whereof is Annexure-14 with the writ application. In the said order, this Court has held that since the Schemes had been implemented in the Board/ Corporation, to which petitioners originally belonged, they were also entitled to the same. 3 The Court directed the respondents to calculate their arrears and pay them the benefits of the same within four months from the date of receipt/production of a copy of the order. Learned counsel for the petitioner submits that the said order has been complied with by the respondents and by Annexure-15 they have been allowed the benefits of the same. This writ application was filed on 30.8.2010. Time was allowed to learned counsel for the respondents on 16.3.2011 to file counter affidavit. However, till today no counter affidavit has been filed. From the action of the respondents, as contained in Annexure-15, it appears that legal position as indicated by this Court in Annexure-14 stands admitted. In the circumstances, this writ application is allowed. Respondents are directed to examine the case of the petitioner and if his case falls squarely within the parameters of the order of this Court, as contained in Annexure- 14, which has been implemented by the respondents, they shall take appropriate steps for grant of benefits of first and second 4 A.C.P. as well as 6th Pay Revision to the petitioner and pass final orders in this respect positively within a period of three months from the date of receipt/production of a copy of this order. Pradeep/ ( J. N. Singh,J.)