IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12949 of 2010 CHANDRESHWAR PRASAD YADAV, SON OF LATE RAM BRIKSHA RAI, RESIDENT OF MOHALLA BHABHA NAGAR, BHAGWANPUR, POLICE STATION- MUZAFFARPUR SADAR, DISTRICT- MUZAFFARPUR. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA, POLICE STATION SACHIWALAYA THANA, PATNA, DISTRICT- PATNA. 2. THE DEPUTY SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE BIHAR STATE HOUSING BOARD THROUGH ITS MANAGING DIRECTOR, 6 BIR CHAND PATEL PATH, POLICE STATION SACHIWALAYA THANA, PATNA, DISTRICT- PATNA. 5. THE MANAGING DIRECTOR, BIHAR, STATE HOUSING BOARD, 6 BIR CHAND PATEL ROAD, PATNA. 6. THE SECRETARY, BIHAR STATE HOUSING BOARD, 6 BIR CHAND PATEL ROAD, PATNA. 7. THE EXECUTIVE ENGINEER BIHAR STATE HOUSING ROAD MUZAFFARPUR DIVISION DAMODARPUR, POLICE STATION KANTI, MUZAFFARPUR, DISTRICT- MUZAFFARPUR. ----------- FOR THE PETITIONER : MR. SHAMBHOO PRASAD BARANWAL, ADVOCATE. FOR THE HOUSING BOARD: MR. RABINDRA KUMAR PRIYADARSHI, ADVOCATE. ===== 3. 24.08.2010 Heard learned counsel for the petitioner and the counsel for the Bihar State Housing Board (hereinafter referred to as the “Board”) who prays for time to seek instruction but considering the nature of the order which this Court is proposing to pass prayer of the counsel for the Board seeking adjournment for filing counter affidavit is refused. 2. Petitioner superannuated while serving on the post of Executive Engineer in the Board with effect from 31.10.2008. He has filed this writ application for a direction to the authorities of the Board to grant him the monetary benefits pursuant to the order of the Board granting him second Assured Career Progression contained in office - 2 - order no. 2621 dated 15.5.2008, Annexure-4 series and office order bearing Memo No. 2673 dated 16.5.2008, Annexure-5. 3. It appears from perusal of the memo dated 15.5.2008, Annexure-4 series that proceedings of the Screening Committee of the Board which allowed the petitioner second Assured Career Progression has also been approved by the Board. In the light of the aforesaid two orders dated 15.5.2008, Annexure-4 series and 16.5.2008, Annexure-5 petitioner was also allowed the financial benefits of the second Assured Career Progression until July, 2008 but the benefits due thereafter until he remained in service as also of the earlier time has not been paid so far. 4. For the payment of the arrears of the Assured Career Progression benefit petitioner is directed to represent before the Managing Director of the Board annexing a copy of my order and the Managing Director should consider the same and pass appropriate orders and if it is true that arrears of Assured Career Progression benefits is still due to the petitioner the same be paid within three months from the date of receipt of the representation from the petitioner. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N. Sinha, J.)