IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.402 of 2005 INDRA NATH CHATTERJEE, son of late Nirendra Nath Chatterjee, resident of “Mrinalini” Mandir Road, P S – Gardanibagh, New Yarpur, Town and District – Patna. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Main Secretariat, Patna. 2. The Chief Secretary, Government of Bihar, Main Secretariat, Patna. 3. The Commissioner cum Secretary, Labour, Employment and Training Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna. 4. The Labour Commissioner, Labour, Employment and Training Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna. 5. The Deputy Secretary, Labour, Employment and Training Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna. 6. The Under Secretary, Labour, Employment and Training Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna. 7. The Labour Superintendent (Agriculture Labour), Ara. ----------- 06. 08.10.2010 Having heard learned counsel for the petitioner and learned counsel for the State and taking into consideration the notification No.769 dated 28.1.2008 issued by the Finance Department, in purported exercise under Article 309 of the Constitution of India, bringing amendment in ACP Scheme of 2003, counsel for the petitioner submits that the noting of the Finance Department on the claim of the petitioner does support his case for re-fixation of the benefit of the pay-scale under ACP which has been granted to him but on a wrong fixation. The respondents while deciding the grant of ACP obviously did not have the benefit of the notification contained in Annexure-12 at the relevant time. Since this clarification has come at a subsequent stage, the matter does require reconsideration. The writ application is disposed of with a direction upon 2 respondent No.4, the Labour Commissioner, Department of Labour, Employment and Training, Government of Bihar, that in case petitioner files an application with relevant notification giving a brief background to his service record and other supporting documents in support of his claim, respondent No.4 will take a decision within a period of four months from the date of filing of such application with a copy of this order. Such a decision once taken, it goes without saying that it accrues in favour of the petitioner and the follow up action shall be taken within the same time frame and if there is any decision contrary to the interest of the petitioner then a communication in terms of a speaking order shall also be communicated to the petitioner within the same time frame. The writ application is disposed of with the above direction. rkp ( Ajay Kumar Tripathi, J.)