IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9693 of 2005 AYODHYA TIWARY . Versus THE STATE OF BIHAR & ORS . ----------- 3 01.03.2011 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner joined the service on the post of Constable in B.M.P.-3, Dehri on 20.12.1963. Subsequently he was transferred to B.M.P.-4 at Patna for the purposes of basic constable training. He received Basic Police Training in the year 1964. In the year 1965, he was sent to Tripura for Borders protection. There, he remained till 1970. In the year 1972, he had applied for the post of Driver Constable and was appointed as Driver Constable. His service was transferred to B.M.P.-2 at Dehri-On-Sone, where he was promoted to the post of Driver Havildar in the year 1979. Finally, the petitioner retired from the post of Driver Havildar from B.M.P.-19 on 31.12.2002. His grievance is that juniors to him have been granted ACP benefits but till date it has not been allowed to him, though he has filed his representation before the Commandant- BMP-I, Patna (Annexure-2). No counter affidavit has been filed on behalf of 2 the State, despite the fact, the writ application was filed in the year 2005, as such it is being disposed off without any counter affidavit. Considering the long pendency of this application and also petitioner have been retired from his service in the year 2002 is entitled for consideration of his case for granting ACP benefits. The application is being allowed, issuing direction to the Commandant- BMP-I, Patna for taking all necessary steps for granting benefit of ACP to him considering the fact that he has retired from service on 31.12.2002, as such entitled for this benefit. Petitioner is directed to file a fresh representation before the Commandant BMP-I, Patna within fifteen days from today. In case such representation is filed, it should be considered and disposed off by the Commandant BMP- I, Patna. Prayer of the petitioner for grant of ACP must be decided within four weeks from the date of it’s filing. Benefit of ACP should also be allowed to the petitioner so far his pension and pensionary benefits are concerned. The Accountant General Bihar, Patna will also take all necessary steps for issuing revised pension payment order in favour of the petitioner. The Accountant General, Bihar, Patna will do all needful within eight weeks from the date 3 of receiving of the recommendation in this regard by the authority concerned. A. Kumar ( Mridula Mishra, J.)