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Judgment
Heard learned counsel for the petitioner and the learned counsel for the
respondent State.
The present writ application has been filed by the petitioner, who was
working as Research Assistant in the office of the Deputy Director (Science)
Quality Control Division, Water Resources Division, Ranchi, and he
superannuated from the post on 31.03.2010.
The writ petitioner was not granted his A.C.P. and M.A.C.P. benefits
during his service period, for which this writ application has been filed. A
separate prayer was also made for refund of the deducted amount of
Rs.4,990/-.
A counter-affidavit has been filed by the State stating therein that
proposal for grant of A.C.P. and M.A.C.P. of the petitioner could not be placed
in the meeting of the Screening Committee which was held on 23.03.2016 due
to want of papers.
A further positive statement has been made in the counter affidavit that
the matter of the petitioner shall be placed in the forth coming meeting of the
Screening Committee. This affidavit was filed on 22.2.2017 itself, but this
Court is informed that till now, no meeting of the Screening Committee has
been held.
In view of such positive statement in the Counter-affidavit, the matter
cannot be deferred ad infinitum. Accordingly, this writ application is disposed of
with the direction to the respondent authorities to finally decide the matter of
granting A.C.P. and M.A.C.P. to the petitioner, positively within the period of
three months from the date of receiving of the order by the respondent
authorities. After taking the final decision about the A.C.P and M.A.C.P, the
consequent payments, if admissible, shall also be made to the petitioner within
a further period of two months from the date of taking the final decision.
As regards the other prayer for refund of the amount of Rs.4990/-, which
has no connection with the main prayer for grant of A.C.P & M.A.C.P, the
petitioner shall be at liberty to move the appropriate authority for the refund of
the same and if the petitioner files the representation for the same, the same
shall be disposed of with a speaking order within a period of three months of
its filing.
This writ application is accordingly, disposed of with the directions as
above.