IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11975 of 2009 Smt.Shanti Kumari, wife of Shri Kamal Kishore Prasad, resident of Om Kunj, Mohalla-Bhagwan Bazar near Tara Medical Hall, P.S- Bhagwan Bazar, Chapra, District-Saran. .........Petitioner. Versus 1. The State of Bihar represented through the Chief Secretary, Government of Bihar, Patna. 2. The Commissioner-cum-Secretary, Health Department, Government of Bihar, Patna. 3. The Director, Helath Services, Health Department, Government of Bihar, Patna. 4. The Regional Deputy Director, Health Services, Saran Division, Chapra. 5. The Civil Surgeon-cum-Chief Medical Officer, Saran at Chapra. 6. The In-Charge Medical Officer, Referral Hospital, Taraiya, Saran. .......Respondents. ----------- For the petitioner : Mr. K. Ravish, Adv. For the State : Mr. R.C.P. Bharti, SC-14. Mr. Md. Aslam Ansari, AC to SC-14. 2/ 17.11.2009 Heard counsel for the petitioner and the State. Petitioner has retired from the post of Grade-A Nurse on 31st January, 2005. She had joined the Health Department as Grade-‘A’ Nurse on 21.09.1974. She already getting her pension and pensionary benefits, had also duly been settled and re-fixed in the light of grant of two A.C.P.’s. Her grievance is that through, the State Government has come out with the policy of Assured Career Progression (A.C.P.) in view of the provisions of the Bihar State Government Servants Service Conditions (Assured Career Progression Scheme) Rules, 2003, made effective with effect from 01.09.1990. The benefits of two ACP’s have not been allowed to her. Petitioner’s case is that since she was in active service 2 on and after 9.8.1999 she is duly entitled for two ACP’s in the light of the government’s policy decision, on completion of 12 years and 24 years of service, this has been allowed to the petitioner. But at the relevant time it was not paid to her due to lack of fund. After so many years, despite several representations by the petitioner, it is not being paid to her. There is dues of the petitioner, is admitted dues. This application is being disposed of giving direction to the Regional Deputy Director, Health Services, Saran Division, Chapra and the Civil Surgeon-cum-Chief Medical Officer, Saran at Chapra to make payment of entire arrears of dues of the petitioner, for which she is entitled on account of allowing her benefits of two ACP’s as per the government’s own policy decision. Payment must be made to the petitioner within 8 weeks from the date of production/communication of this order. The arrears of dues should be paid to the petitioner with effect from the date the policy of the government came into effect. Sanjeet/ (Mridula Mishra, J.)