IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13043 of 2011 Lakhandeo Prasad S/o Surya Narayan Prasad, clerk in Sub- Divisional Office, Khagari Distt.- Khagaria----------Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Khagaria 3. The Deputy Development Commissioner, Khagaria 4. The Dub-Divisional Officer, Gogari 5. The B.D.O. Khagaria 6. The Account General, Bihar, Patna -----Respondents ---------------------------------- 2 29.9.2011 Heard learned counsel for the parties. Grievance of the petitioner is that he has not been given the benefit of ACP even though he was appointed on the post of Upper Division Clerk in the year 1976. Annexure-2 is the letter of recommendation issued by the Sub- Divisional Officer, Khagaria addressed to District Magistrate, Khagaria for grant of such benefit. This letter is dated 12.3.2008 but till date no decision has been taken. Therefore this writ. Since there is no question of law which requires adjudication at the level of the High Court but litigation has been generated due to inaction on the part of the respondent, this writ petition is disposed of with a direction upon the District Magistrate that after examining the service book of the petitioner and taking into consideration the ACP scheme a decision in this regard will be taken within three months from the date of production or communication of a copy of this order. If the District Magistrate finds the claim of the petitioner to be in order the benefit will flow or else a speaking order would be passed listing out the ground or situation for the same. This writ petition is disposed of with the above direction. RPS (Ajay Kumar Tripathi, J.)