RITA RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Vimal Kumar, Advocate, holding brief of Sri Ganga Prasad, learned counsel for the petitioner. This writ petition has arisen from order dated 7.3.2009 passed by competent authority i.e. Chief Medical Officer, Banda terminating the petitioner, who was working as Health Worker in Primary Health Centre on the ground that she obtained appointment on the basis of an alleged training certificate of ANM, which was found forged and fictitious and therefore, appointment having been obtained by playing fraud and misrepresentation, the petitioner had to be terminated.

(2.) THE facts, in brief, giving rise to the present dispute are that the petitioner claimed to have obtained training of Auxiliary Nurse Midwife from training centre, Farrukhabad as Basic Health Worker (Female). She claimed to have obtained training and has also submitted application with registration fee before U.P. Nurses and Midwife Council, Lucknow and then submitted an application seeking appointment whereupon a letter was issued by Joint Director, Maternity and Child Welfare, U.P. Lucknow (hereinafter referred to as "J.D.") directing Chief Medical Officer, Banda (hereinafter referred to as "C.M.O.") to take steps for appointment of petitioner in Banda District as Basic Health Worker (Female). Consequently, by order dated 11.9.1989, Chief Medical Officer has appointed the petitioner as Basic Health Worker (Female) [hereinafter referred to as "BHW(F)"] in the pay scale of 354 -550, pursuant whereto, petitioner joined on the said post.

(3.) THE Chief Medical Officer, Banda, however, passed order on 5.2.1997 terminating the petitioner and consequently, Incharge Medical Officer, Primary Health Centre, Kamasin, Banda passed consequential order on 12.2.1997.