Prema Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23670 of 2018 ====================================================== Prema Kumari W/o- sh. Arjum Pandit, R/o- Village- navatoliya Banni, P.OBabu Bagicha, Anchal- Gogri, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Special Secretary, Department of Health, Govt. of Bihar Patna. null 3.

The District Magistrate 4.

The Civil Suirgeon-cum-chief Medical Officer, Saharsa. 5.

The In-Charge Medical Medical Officer, Health Centre Simri, Bakhtiyarpur, Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Namrata Mishra, Advocate For the Respondent/State :

Mr. Anil Kr. Verma, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-02-2023 Learned counsel for the petitioner and counsel for the State present.

Present case has been filed with a direction to respondents to pay the salary of petitioner who is working as ANM on contractual basis w.e.f. 01.08.2017 in the light of office order 997(4) dated 22.08.2017 of Health Department, Government of Bihar.

Counsel for the petitioner submits that the petitioner was appointed on contractual basis for the period of 11 months on the vacant post of Primary Health Centre, Simri Bakhtiyarpur.

Counsel for the State submits in paragraph-6 of the counter affidavit that the honorarium to the contractual staff including ANM has been revised w.e.f. 01.08.2017 vide letter No.997 (4) dated 22.08.2017 of the Special Secretary, Health Department, Bihar, Patna. As per letter No. 987(6) dated

Patna High Court CWJC No.23670 of 2018(2) dt.06-02-2023 2/2 02.11.2017 (column-2) of the Health Department, Bihar, Patna the revised honorarium of ANM and A Grade given vide letter No. 997(4) dated 22.08.2017 (SI. No.10 & 11) has been cancelled. Here it is worth mentionable that the letter no. 997(4) dated 22.08.2017 is not effective and therefore, the letter no. 987 (6) dated 02.11.2017 issued by Health Department, Government of Bihar has been treated to be canceled. From the counter affidavit it is not clear that the demand of the petitioner is based on the said letter no. 997 (4) dated 22.08.2017, which is not in existence. As such the present writ application is dismissed but if it has been found to the petitioner that the case of any person as like that of petitioner has been considered by the State Government then liberty is hereby granted to him that he shall file a fresh representation in the light of Rule 4(C) of Bihar State Litigation Policy before State authority and State authority shall consider the same. (Dr. Anshuman, J.) ravishankar/- U