IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10990 of 2010 1. Bachchan Prasad Singh S/O Late Bhawani Singh R/O Vill.+P.O.- Bhagwatipur Kaimaur, P.S.- Pandarak, Distt.- Patna 2. Awadhesh Prasad S/O Late Gobardhan Yadav R/O Vill.- Eatwan, P.S.- Paraiya, Distt.- Gaya 3. Saryug Prasad S/O Sri Doman Yadav R/O Vill.+P.O.+P.S.- Asthawan, Distt.- Nalanda 4. Ramawatar Das S/O Late Rampati Das R/O Vill.+P.O.- Chorsuaa, P.S.- Giriyak, Distt.- Nalanda 5. Amresh Kumar Pathak S/O Late Shubhankar Pathak R/O Vill.- Karanpur, P.S. & Distt.- Supaul 6. Suresh Rajak S/O Late Jago Rajak R/O Vill.- Sahpur, P.S.- Udakishanganj, Distt.- Madhepura Versus 1. The State Of Bihar 2. The Principal Secretary, Water Resources Department, Govt. Of Bihar, Patna 3. The Deputy Secretary (Revenue Administration), Water Resources Department, Govt. Of Bihar, Patna 4. The Chief Engineer, Water Resources Department, Dehri-On- Sone, Distt.- Rohtas 5. The Executive Engineer, Sone Canal Division, Ara, Distt.- Bhojpur ----------- For the Petitioner:- Mr. Satish Chandra Jha, Adv. For the State:- Mr. Baidya Nath Thakur, Adv. --------------- 2. 09.11.2011 Heard learned counsel for the petitioners and the State. The petitioners who are Revenue Inspector is aggrieved by the order dated 14.12.2009 to the extent that it fixes a cut off date of 17.5.2005 for grant of 1st and 2nd A.C.P in the scale of Rs. 5000- 8000/- and Rs. 5500-9000/-to only such persons who may have been drawing the scale of Rs. 3200- 4900/- prior to 17.5.2005. The counter affidavit at Paragraph-4 states that the matter is pending consideration and that a 2 proposal has been sent by the Water Resources Department to the Finance Department in the matter. As soon as a concurrence of the Finance Department is received an appropriate decision in the matter shall be taken. The second submission is that if the respondents were responsible for belatedly holding the examination for grant of A.C.P. only on 17.12.2006, the benefit cannot be granted from that date by artificial fixation attributable to the lapses of the respondents, but that it should be made available from the original date i.e. 9.8.1999 insofar as the 1st A.C.P. is concerned. The Court finds substance in the argument and upholds the same. Insofar as the 1st relief is concerned, the application is allowed. The application is disposed in the aforesaid terms with the direction that such appropriate decision be taken by the competent authority i.e., respondent no. 4, expeditiously preferably within a maximum period of four to five months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)