Shanti Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18678 of 2015 ======================================================

1. Shanti Devi, Wife of Sri Kapildeo Chaubey, Resident of VillageKharkhura, Near- New Ashok High School, Kharkhura, Police StationDelha, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar through the Director-in-Chief, Health Services, Govt. of Bihar, Patna.

2. The Civil Surgeon-cum-Chief Medical Officer, Gaya.

3. The Incharge Medical Officer-cum-Drawing Disbursing Officer, Primary Health Centre, Dumariya in the district of Gaya.

4. The Providebt Fund Officer, Gaya.

5. The Accountant General, Birchand Patel Marg, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Singh For the Respondent/s : Mr. Sunil Kumar Mandal, SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-08-2016 Heard learned counsel for the parties.

The petitioner retired as an A.N.M. with effect from 31.12.2013 while working at Additional Primary Health Centre, Maigara, Gaya. She claims to have served as such for 31 years.

It is her grievance that she is being paid less pension as she was not granted second Assured Career Progression and Multiple Assured Career Progression, which she was entitled to as per the rules. According to the petitioner, she was entitled for grant of second Assured Career Progression with effect from 01.01.2009 and Multiple Career Progression with effect from 01.01.2013. Despite the fact that this application was filed on

04.12.2015, no counter affidavit has been filed today. Considering the above, this application is disposed of with a direction to the Civil Surgeon-cum-Chief Medical Officer, Gaya to take a final decision on the petitioner's claim for grant of second Assured Career Progression and Multiple Assured Career Progression with effect from the dates as mentioned above, within a period of two months from the date of receipt/production of a copy of this order. If the petitioner is found entitled to such benefits, the Civil Surgeon-cum-Chief Medical Officer, Gaya, is directed to ensure that she is paid her all benefits, including arrears of salary and revision of pensionary benefits, accordingly. Learned counsel for the petitioner has submitted that there are certain arrears of salary which are yet to be cleared in favour of the petitioner as would be evident from the last pay certificate (Annexure-2).

The petitioner shall be at liberty to raise this aspect through a representation before the Civil Surgeon-cum-Chief Medical Officer, Gaya, who, on receipt thereof, shall consider the same and take a decision within the same period of two months thereafter.

This disposes of the application.

(Chakradhari Sharan Singh, J) ArunKumar/- U