IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14984 of 2010 1. DR.MD.AFAQUE S/O LATE HAJI ABDUR RAUF R/O BHAIROLAL LANE, AT & P.O.CHAMPANAGAR, P.S.NATH NAGAR,DISTT-BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DIRECTOR OF HEALTH DESICHIKITSA, NEW SECRETARIAT, PATNA 4. THE JOINT SECRETARY, DEPARTMENT OF HEALTH (DESI CHIKITSA) GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA ----------- FOR THE PETITONERS: FAROOQUE MOAZZA FOR THE STATE: MR.M.K.AMBASTHA-G.P.4 MR.SUBODH KUMAR AC TO G.P.14. 2. 26.04.2011 Heard learned Senior Counsel for the petitioner and learned counsel for the State. The reason of the petitioner to approach the High Court is the unresponsive attitude of the respondents of the Health Department towards his claim for grant of promotional benefit under, what is known as the A.C.P. scheme. According to the petitioner he has completed 24 years of service and otherwise fulfils the requirements of grant of such promotion in terms of the policy notified by the State Govt. The petitioner has completed 24 years of service on 14.02.1999. Many other persons including juniors to the petitioner have ended up with the said benefit but for no apparent reason petitioner has been denied what is rightfully due to him. Since no counter affidavit has been filed on behalf 2 of the State indicating as to why the application of the petitioner addressed to the Director of Indigenous Medicine, Govt. of Bihar dated 14.06.2010 has not been acted upon or the reason for non grant of benefit to the petitioner, this writ petition is disposed of with a direction upon the Director of Indigenous Medicine, Govt. of Bihar (respondent no.3.)that he shall categorically get the service record of the petitioner verified and then if his claim comes within the ambit of the A.C.P. scheme then he will have to give the benefit but if there is any legal impediment, the petitioner must be informed of the same by way of passing a speaking order. The court expects that the decision on this score would be taken within a period of 3 months from the date of production of a copy of this order along with a fresh application to be filed by the petitioner before the Director of Indigenous Medicine, Govt.of Bihar. This writ application stands disposed of with the direction aforesaid. Nitesh ( Ajay Kumar Tripathi, J.)