IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15817 of 2007 Baby Sinha, wife of late Bipin Sinha, resident of Smriti Apartment, Flat No.202, Jakkanpur, Near D.V.C. Gate, Patna-1, P.S. Jakkanpur, Dist. Patna. ----------- Petitioner Versus 1. The State of Bihar. 2. Director in Chief, Health Services, New Secretariat, Bailey Road, Patna. 3. Superintendent, Patna Medical College, & Hospital, Ashok Raj Path, Patna. ------------- Respondents ---------------------------------- 2 02.12.2011 Having heard learned counsel for the parties and taking into account the stand taken by the respondents in the counter affidavit as with regard to solitary relief claimed by the petitioner for payment of ACP benefit to her in paragraph no.4 thereof, reading as follows:- “4. That it is stated that the petitioner was initially appointed as Staff Nurse Grade „A‟ on 30.6.78 and therefore, she was promoted on higher post on higher pay scale on the post of Public Health Nurses (P.H.N.) vide memo no. 1089 dated 16.8.97, and she joined on P.H.N. post on 4.9.97. Hence, the petitioner is not entitled for the benefit of A.C.P. because she has completed only 10 years and 4 months on the post of P.H.N. The first time bound promotion was also given to the petitioner on the post of Staff Nurse Grade „A‟ vide memo no. 998 dated 6.4.84 with effect from 30.6.1988.” 2 this Court would find that the petitioner would be entitled for grant of first ACP only with effect from 16.8.2009 after completion of twelve years of service on the post of Public Health Nurse. Mr. Rajkumar, learned counsel for the petitioner, however, would submit that in a case of similarly situated persons, namely, Sosan Topno, who too was initially appointed as a Staff Nurse Grade-A on 23.5.1979 and was also promoted on a higher post in the higher pay-scale on the post of Public Health Nurse by an order dated 5.9.1997, has been granted second ACP on the basis of completion of her twenty-four years of service on 23.5.2003. He would submit that the case of the petitioner and that of the Sosan Topno is on the same footing and the respondents should be directed now to consider the case of the petitioner straightway for grant of second ACP within fixed time on the issue of entitlement of the petitioner for grant of first ACP with effect from 16.8.2009. In the considered opinion of this Court, this being a new case made out by the learned counsel for the petitioner after 3 receipt of the copy of the counter affidavit by him only on a day before yesterday, this Court would give liberty to the petitioner to approach the competent authority for grant of her ACP benefit strictly in accordance with the government policy. The petitioner, therefore, will have a liberty to file self-contained representation wherein she may also cite the example of Sosan Topno for grant of the benefit of second ACP and such representation of the petitioner will be considered and disposed of by the competent authority in terms of the Government policy of grant of ACP within a period of six months from the date of receipt/production of a copy of this order. It is, however, made clear that this Court has not expressed any opinion on the merit of the claim of the petitioner and, therefore, the authority will be under bounden duty to examine and decide the case of the petitioner for grant of ACP strictly in accordance with the Government policy. It goes without saying that if the petitioner is found entitled for grant of any 4 financial benefit as a consequence of grant of first or second ACP or both from the due date, the payment thereof shall also be made to the petitioner within two months from the date of such order. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)