IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3365 of 2007 Priti Banerjee, wife of Late Mihir Banerjee, resident fof Gardanibagh, P.S. Gardanibagh, District- Patna -------- Petitioner. Versus 1. The Bihar Public Service Commission through its Chairman, Balley Road, Patna. 2. The Secretary, Bihar Public Service Colmmission, Bailey Ropad, Patna. 3. The Administrative Officer,Bihar Public Service Commission, Bailey Road,Patna. 4. The Accountant General, Bihar, Birchand Patel Marg, Patna --- Respondents. -------- 4. 16.10.2008 Heard Mr. Ambar Nath Banerji for the petitioner, Mr. Shyam Sunder Pandey for respondent nos. 1 to 3, and Smt. Nividita Nirvikar for respondent no.4 (Accountant General). The petitioner in the capacity of the widow of late Mihir Banerjee, a routine clerk in the office of the Bihar Public Service Commission, seeks a direction to the respondent authorities to make payment of the benefits admissible to her late her husband under Assured Career Progression Scheme ( hereinafter referred to as the A.C.P.) with consequential benefits and interest. Copies of this writ petition were served on learned counsel for the respondents on 13.3.2007, whereafter it was laid before the Bench on 25.9.2008, notwithstanding which the time has not been utilised to file counter affidavit. We have perused the materials on record and considered the submissions of learned counsel for the parties. Late Mihir Banerjee was working as a routine clerk in the office of the Commission and died on 2.8.2001, while still in harness. His claim for benefits under A.C.P. 2 remained pending until his death. However, learned counsel for respondent nos. 1 to 3 has today placed a copy of the order bearing Memo No.1133, dated 27.9.2007, issued by the Commission, whereby late Mihir Banerjee has been granted benefits under A.C.P. with effect from 9.8.1999. The relevant portion of the order is reproduced hereinbelow for the facility of quick reference:- Øe la0 dehZ dk uke ,oe~ inuke çFke foRrh; mUu;r gsrqw LohÑr osrueku ,oe~ frfFk f}rh; foRrh; mUu;u gsrq LohÑr osrueku ,oe~ frfFk 1 Lo0 fefgj cuthZ fnup;kZ fyfid e`R;q frfFk & 30-7-2001 fn0 & 9-8-99 ls osrueku&4500&7000@& :0 esaA fn0 & 9-8-99 ls osrueku&5000&8000@& :0 esaA Learned counsel for respondent no.4 assures this Court that the differential salary amount from 9.8.1999 till 2.8.2001, and the consequential benefits which have accrued to her in the capacity of widow, shall be paid to her without further loss of time. The writ petition is accordingly disposed of with the direction to the Commission to make payment of the dues to the petitioner which shall carry interest at the rate of 6% from the date(s) the amount(s) became due till the date of payment. The writ petition is accordingly disposed of. Vinay/ ( S. K. Katriar , J.)