IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10161 of 2006 OSWALD ANTHONY, son of late Lawrence Anthony, Resident of House No.1, Fair Field Colony, P.S. Digha, District Patna … Petitioner Versus 1. THE STATE OF BIHAR, through its Chief Secretary, Govt. of Bihar, Patna 2. The Commissioner cum Secretary, Health, Govt. of Bihar, Patna 3. The Commissioner cum Secretary, Finance, Govt. of Bihar, Patna 4. The Director-in-Chief, Health Services, Govt. of Bihar, Patna 5. The Civil Surgeon, Ara 6. Incharge Medical Officer, Referal Hospital, Shahpur (Bhojpur), Ara 7. The Accountant General, Bihar, Birchand Patel Path, Patna … Respondents ----------- 2. 26.8.2010 Heard counsel for the petitioner. No one appears for the State though counsel for the Accountant General is present. The prayer of the petitioner in this writ application reads as follows: “i) Issuance of an order/ direction or writ in the nature of mandamus directing and commanding the respondents to grant the benefit of second ACP w.e.f. 9.8.1999 in terms of notification of the Finance Deptt. Dated 25.6.2003 (Annexure 1). ii) Issuance of an order/ direction or writ commanding the respondents to notionally fix the scale of the petitioner upon grant of ACP w.e.f. 9.8.1999 and thereafter direction for payment of all consequential 2 benefits viz arrear of salary, difference of gratuity and leave encashment, revision of pension and arrear of pension.” Counsel for the petitioner would submit that when the petitioner had retired from service on 30th June, 2004 by time the State Government had already notified, Bihar State Employees Conditions of Service Conditions (“Assured Career Progression Scheme”), Rules, 2003 on 25.6.2003, the petitioner having been not given any promotion in his entire career would be also entitled for benefit of such ACP. He would, however, explain that the stand taken in the counter affidavit that the petitioner’s such first and second ACP will be available in the pay scale of Rs. 7500-12,000 and 8000- 13500 is incorrect and had a copy of the counter affidavit been served on the counsel for the petitioner he could have filed his reply. In view of the fact that the respondents do not dispute, rather they clearly admit the petitioner entitled for grant of ACP as is apparent from paragraphs 3 and 4 of the counter affidavit reading as 3 follows: “3. That the petitioner has filed in the instant writ petition for granting him first and second assured career progression as per finance Department notification dated 25.6.2003. 4. That the benefits of first and second assured career progression are provided to those complete 12 and 24 years of regular service respectively further the financial progression shall be provided into pay scales of the existing hierarchy prescribed for their cadre whereas the promotional hierarchy is not defined in the recruitment/ service rules the financial progression shall be given the ACP Scheme in the higher scales of pay as listed in Schedule attached to the financial progression Rules.” this Court would direct the respondents to consider the issue of grant of admissible ACP to the petitioner. At that stage the respondents also must consider as to the prospect of being granted the pay scale of Rs. 10000-15200 and 12000-16400 which according to the petitioner is the pay scale 4 in the existing hierarchy prescribed for the cadre of the post of Dental Surgeon held by the petitioner. It is, however, made clear that this Court has expressed no opinion on such submission of the learned counsel for the petitioner and therefore, if the respondents would notify the promotion of the petitioner in ACP Scheme and would strict to any other pay scale other than one being claimed by the petitioner they will have to give reasons for the same. Such exercise, however, in view of the fact that the petitioner has retired way back in the year 2004, must be completed within a period of six months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/