IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17660 of 2009 1. SMT.SUSHRI BANDANA ROY D/O LATE S.K.ROY CHAUDHARY R/O RAMESHWAR APARTMENT, FLAT NO.- 43, P.O.- NALANDA MEDICAL COLLEGE HOSPITAL, P.S.- AGAMKUWAN, PATNA- 20 AND PERMANENT ADDRESS- SMT. SUSHRI BANDANA ROY D/O LATE S.K.ROY CHAUDHARY, R/O VILL.- SARKAR BAGAN, P.S.- IKSHAPUR, NOBABGANJ, DISTT.- 24, PARGANA- (N), WEST BENGAL Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE, GOVT. OF BIHAR AT PATNA 2. THE DIRECTOR-IN-CHIEF, HEALTH & FAMILY WELFARE, GOVT. OF BIHAR AT PATNA 3. THE DIRECTOR, HEALTH & FAMILY WELFARE, GOVT. OF BIHAR AT PATNA 4. THE SUPERINTENDENT, NALANDA MEDICAL COLLEGE & HOSPITAL, PATNA-7 5. THE SENIOR ACCOUNT OFFICER, NALANDA MEDICAL COLLEGE & HOSPITAL, PATNA-7 ----------- 2 13.4.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner had retired from the post of Grade A Nurse on 31.3.2005. Her grievance is that she is being denied the benefit of Assured Career Progression by the respondents, taking this plea that she has not passed her Hindi noting and drafting examination. Counsel for the petitioner, submits that the Director-in-Chief, Department of Health, Govt. of Bihar had issued circular vide memo no.394(4) Health Patna, dated 5.5.2005, whereby passing of Hindi Noting and Drafting examination was made compulsory for receiving benefit 2 of first and second A.C.P, for Grade ‘A’ Nurse. Petitioner’s case is that since reason shown by the respondents for non-payment of ACP benefits to the petitioner, has no application in her case. she was appointed on 1.1.1980 and was allowed first time bound promotion with effect from 1.1.1990, she became entitled to receive the benefit of her Assured Career Progression under the ACP scheme, made effective from 1999. The Government circular dated 5.5.2005, being prospective, could not have made applicable in the case of petitioner, with retrospective effect, as petitioner has retired from her service on 31st March, 2005.In this circumstance, even though she did not pass Hindi Noting and Drafting Examination that could not have been made a ground for not allowing her the benefits of Assured Career Progression scheme. This application is being disposed off, directing the respondent nos. 3,4 and 5 to look into the matter. Petitioner is directed to file a representation before the Superintendent, Nalanda Medical College & Hospital, Patna who will consider and dispose it off, in 3 accordance with law, by a reasoned order within a period of eight weeks. Petitioner’s entitlement will be decided and in case it is positive, all payments will be made within 12 weeks from the date of filding such representation by the petitioner. The writ application is disposed off. (Mridula Mishra,J.) A.kumar