IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12517 of 2009 JAIKANT JHA . Versus THE STATE OF BIHAR & ORS . ----------- 2 8.12.2009 Heard Counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for a direction to the respondents to grant him benefit of Assured Career Progression (ACP) and all monetary benefits attached to this benefit. The date when writ application was filed petitioner was still in service but he has retired on 30th November, 2009. It is an admitted fact that benefits of Assured Career Progression has been allowed to the Government employees vide Bihar Government Notification no. 3M- 25PR 28/89-4685 F (2) dated 9.8.1999. All those Government employees who have completed 12 years and 24 years of service are entitled for first and second ACP benefits. Petitioner was not allowed till the date of his superannuation. 2 Counter affidavit has been filed on behalf of the respondent nos.3 and 5, where it is stated that since the petitioner was posted in the Computer Section under Family Planning Scheme, which was kept out of purview of ACP benefits, as such it was earlier not allowed to the petitioner. However on 11.3.2008 the Health Minister gave a statement on the floor of the house that all employees at the district levels and Medical Officers at Head quarters will also be allowed these benefits. In view of this assurance given by the Health Minister, petitioner’s case is under active consideration before the Screening Committee. The Screening Committee met on 8.10.2009 and found some anomalies in preparation of the list for benefits of A.C.P. Anomalies are being rectified. There is all possibility that in the next meeting of the Screening Committee, which will be held very 3 shortly, the case of the petitioner will also be considered and this benefit allowed to him. In view of the statement made in the counter affidavit, this application is being disposed of. The respondents will take care of the fact that petitioner has already retired, as such they should not be unnecessary delay in allowing the benefit of ACP to the petitioner. This benefit must be allowed to the petitioner as early as possible, preferably within eight weeks from the date of production/communication of this order. (Mridula Mishra,J.) A.Kumar