IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6161 of 2008 Smt. Kanti Sinha, wife of Late Dr. Nand Kishore Prasad Singh, resident of village and P.O. Nursarai, P.S. Nursarai, District- Nalanda. VERSUS 1. The State of Bihar, through the Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. 2. Additional Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. 3. Director, Provident Fund, Department of Finance, Government of Bihar, Patna. 4. Civil Surgeon cum Chief Medical Officer, Nawada. 5. District Provident Fund Officer, Nawada. 6. Incharge Medical Officer, Sirdallah, Nawada. 7. Accountant General, Bihar, Patna. ----------- 05 25.11.2008 The petitioner had filed this writ petition claiming retiral dues of petitioner’s late husband. During pendency of the writ petition all the retiral dues have been paid. Petitioner’s objection is that the payment has been made on the basis of basic pay of petitioner’s late husband, without giving effect to Assured Career Progression (ACP). It is submitted that petitioner’s late husband was entitled to two ACPs and people who had joined after him have been given, but, he has been denied the same for no lawful reason. In my view, as payments have been already been made on the basic pay it would first be proper that the petitioner files a detailed representation along with a copy of this order before the Secretary, Health, Government of Bihar, Patna, making out her grievance. The Secretary would get the matter examined and pass necessary orders in that regards. The order would communicated to the petitioner and in case it is found that petitioner’s late husband was entitled to progression then the Secretary would ensure effect is given to 2 that payments made to the petitioner. Whether petitioner’s late husband is entitled to or not would be decided by the Secretary and he would see that it is decided within two months from the time order of this Court is produced before him. In case, progression is to be granted then all consequential benefits should be paid to the petitioner within two months, thereafter. With these observations and directions, the writ petition stands disposed of. Trivedi/ ( Navaniti Prasad Singh, J.)