IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11673 of 2009 SAH DEO MANDAL, Son of Shri Garbhu Mandal, resident of village – Khiridar, P.S. Tarar, P.S. Sanhola, District – Bhagalpur. ….. Petitioner. Versus 1. THE STATE OF BIHAR through the Principal Secretary, Department of Health, Education and Family Welfare, Government of Bihar, Patna. 2. The Director, Department of Health, Govt. of Bihar, Patna. 3. Civil Surgeon cum Chief Medical Officer, Siwan. … Respondents. ----------- 02/ 07.11.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has retired during his service in Health Department on 31st January, 2000. His grievance is that he has not been provided with the benefits of A.C.P. and consequential benefits arising out of that, despite the fact that he is entitled for it. Further prayer is for re-fixation of his pension after giving benefits of A.C.P. Considering the fact that petitioner has retired 9 years earlier in 2000 and after much delay he has filed this writ application before this Court. It will be proper that first he should approach the appropriate authority, in his case the Civil Surgeon of Siwan. Counsel for the petitioner submits that he has already filed his representation before the Civil Surgeon, Siwan and i.e. still pending for consideration. - 2 - This writ application is being disposed of directing the Civil Surgeon, Siwan to consider and decide the petitioner’s representation within six weeks from the date of production/ communication of the order by passing a reasoned order. The Civil Surgeon will consider the entitlement of the petitioner for the A.C.P. and if it is found that he is entitled the payments must be made in favour of the petitioner without delay within the time specified. DKS/ (Mridula Mishra, J.)