IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6089 of 2010 KRIPAL PANDIT, S/O DARAGO PANDIT, R/O VILLAGE-EMADPUR, P.O.-SHAKURABAD, P.S.-PARAS BIGHA, DISTRICT-JEHANABAD. …………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 3. THE SECRETARY, FINANCE DEPARTMENT, BIHAR, PATNA. 4. THE CHIEF ENGINEER INTEGRATED PROJECT, 3 IRRIGATION DEPARTMENT, -4 HEAD OFFICE, VISHESHWARAIYA BHAWAN, PATNA. 5. THE SUPERINTENDENT ENGINEER, FLYING SQUAD PRINCIPAL SECRETARY FUND, RURAL WORK DEPARTMENT, HARDING ROAD BARRACK NO.-3, PATNA. ………………RESPONDENTS. ----------- 2 08.12.2010 Petitioner has filed this writ application for a direction to the respondents to consider his case for grant of benefits of ACP scheme and grant the same to him from the due date. It is the contention of the petitioner that when the scheme was introduced he had already crossed the age of 50 years. Therefore, as per the letter of the Department of Personnel and Administrative Reforms No.4674 issued in May, 1992, petitioner was not required to clear any departmental examination. It is also the case of the petitioner that similarly situated other persons have been allowed the benefits of the scheme which will be evident from 2 Annexure-3 an order of the Department of Rural Development contained in memo no.788 dated 19.7.2007. There is no document on record to show that the claim of the petitioner has been finally rejected by the respondents. The representation of the petitioner filed before the Chief Engineer dated 22.12.2008 is on record as Annexure-4. Therefore, the respondent Chief Engineer is directed to consider the representation of the petitioner in the light of his above stand and pass appropriate orders in accordance with law preferably within a period of three months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)