Panwati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18315 of 2019 ====================================================== 1.

Panwati Devi, Wife of Ram Naresh Ram, Resident of Village-Morwadih, P.O. and Block-Morwa, P.S.-Musrigharari, District-Samastipur 2.

Akli Devi, Wife of Parmeshwar Ram, Resident of Village-Morwadih, P.O. and Block-Morwa, P.S.-Musrigharari, District-Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna 2.

Principal Secretary, Health Department, Government of Bihar, Patna 3.

District Magistrate, Samastipur 4.

Civil Surgeon cum Chief Medical Officer, Samastipur 5.

Medical Officer - in - Charge, Primary Health Centre, Morwa, Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Pandey, Advocate For the Respondent/s :

Mr. Anuj Kumar, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-09-2019 Heard learned counsel for the parties.

2. Petitioners' claim is that after due selection under the Scheme of the Health Department, Government of Bihar they are working as Mamta Workers at Primary Health Centres since long. The appointment letters have, however, not been brought on record. Their selection and engagement is said to be in accordance with resolution No. 497 dated 20.08.2009.

3. Mr. Awadhesh Kumar Pandey, learned counsel appearing on behalf of the petitioner has relied on amended guidelines issued for selection and appointment of Mamta

Patna High Court CWJC No.18315 of 2019(2) dt.19-09-2019 2/2 Workers on 19.09.2016 (Annexure-6) to claim the relief as noted above.

4. Even if, what the petitioners contend in the writ application is to be accepted, their engagement is evidently under a Scheme of the State Government. They cannot claim any relief beyond the Scheme under which they have been engaged. The said Scheme does not make any provision for absorption.

5. So far as claim of the petitioners for making payment of arrears of incentives from the date of their initial joining is concerned, it is directed that let a decision be taken by the Civil Surgeon, Samastipur in this regard within a period of two months from the date of receipt/ production of a copy of this order.

6. The writ application stands disposed of.

(Chakradhari Sharan Singh, J) Rajesh/- U