Sanju Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3141 of 2016 ====================================================== Sanju Kumari Wife of Harinandan Prasad, Daughter of Rajendra Prasad Resident of Village- Ratanpura, Po Dariyapur District Nalanda. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Health Department, Patna 2.

The Executive Director, the State Health Society Bihar Parivar Kalyan Bhawan, Sheikhpura, Patna.

3.

The District Magistrate Cum Chairman District Health Society Arwal. 4.

In-charge Medical Officer, Primary Health Centre Kaler District Arwal. 5.

The Civil Surgeon-cum-Member Secretary, District Health Society, Arwal ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Narayan Yadav, Advocate For the Respondent/s :

Mr. Shiv Kumar, AC to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 17-04-2019 Counsel for the petitioner is permitted to implead the Civil Surgeon-cum-Member Secretary, District Health Society, Arwal as respondent no. 5 to the instant writ proceedings. From the orders dated 12.04.2013 issued by the Civil Surgeon-cum-Member Secretary, District Health Society, Arwal as well as the order dated 15.04.2013 issued by the In-Charge Medical Officer, Primary Health Center, Kaler (Arwal) it is obvious that pursuant to the decision dated 12.04.2013 to stop taking work from the petitioner, under order dated 15.04.2013 finally the respondents have stopped taking work from the petitioner. The natural corollary is that prior to the said period

Patna High Court CWJC No.3141 of 2016 dt.17-04-2019 2/2 the respondents continued to extract the work of ANM from the petitioner up till 15.04. 2013. It is specific and admitted claim of the petitioner that after October, 2012 no payment has been made to the petitioner.

In the circumstances, this Court would direct that the payment be made to the petitioner for the work extracted from November, 2012 till 15.04.2013. During the said period the respondents have taken work from the petitioner as ANM and as such they are obliged to make payment for the said period. The same should be done by the respondent no. 5 positively within a period of eight weeks from the date of receipt /production of a copy of this order.

Writ petition is disposed off.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date