LILA VISHWAKARMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Anil Kumar Sharma, learned counsel for the petitioner and Shri Mohan Yadav, learned Standing Counsel for respondents.

(2.) THE petitioner has filed the present writ petition praying that the respondents be restrained from interfering with the peaceful working of petitioner as A.N.M. at Prathmik Swasthya Kendra, Chail in District Allahabad and that a writ of mandamus be also issued directing the respondents to pay the salary and arrears of salary along with 12% interest since August, 2003 onwards.

(3.) IN this manner, the situation continued, and eventually, the petitioner approached the writ Court in the year 2004. The Court by an interim order dated 7th September, 2005, directed the respondents to show cause why salary to the petitioner had not been paid for two years. The Court further directed respondent nos. 4 and 5 to file their personal affidavit, in spite of which, the respondent no. 5 did not file his personal affidavit. However, on 21st September 2005, the respondents produced two treasury cheques for a sum of Rs.48350/- and another for Rs.50100/- and 3 cheques drawn on Bank of Baroda, Branch Nevada, District Kaushami for a sum of Rs.51942/-, 8350/- and 25490/- towards the arrears of salary payable to the petitioner. The order sheet of 13th October, 2006 further records that the respondents produced three cheques from the Nevada Branch, total Rs.2,40,023/- towards the arrears of salary and again impressed upon the Court praying that the petitioner should open an Account in Nevada so that her salary could be deposited in that Account.