PUNAM KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to pay to the petitioner the salary for the period 26.12.1991 to 8.2.1993 alongwith interest thereon.

(2.) SHORT facts giving rise to the present application are that the petitioner was appointed as Auxiliary Nurse Midwife by order dated 19.12.1989. By order dated 25.5.1990, her service was terminated. Assailing the order of termination, petitioner filed C.W.J.C. No. 2346 of 1991. before this Court. This Court by order dated 11.4.1991, set aside the order of termination and while doing so, it observed that the order of the court shall not stand in the way of the appropriate authority from proceeding in the matter in accordance with law. Thereafter the petitioner was served with a show cause notice dated 6.8.1991 (Annexure -4) to which she replied on 16.8.1991 (Annexure -5). On consideration of the reply given by the petitioner, the Civil Surgeon -cum -Chief Medical Officer, by memo dated 27.12.1991 (Annexure -7), terminated the service of the petitioner with immediate effect. However, lateron, by order dated 12.2.1993 (Annexure -8), petitioners appointment has not been found to be invalid and accordingly the petitioner was posted as Auxiliary Nurse Midwife in Tarari Block of the district of Bhojpur. The aforesaid order also indicated that the petitioner had joined on 9.2.1993 and shall be entitled for payment of salary from the date of joining. It is the grievance of the petitioner that from the date of termination of service dated 27.12.1991 till her date of joining on 9.2.1993, she has not been paid the salary.

(3.) MR . Ram Chandra Singh, appearing on behalf of the petitioner submits that when the appointment of the petitioner has been found to be valid by order dated 12.2.1993, she is entitled for payment of salary for the period she remained out of employment on account of termination of her service by order dated 27.12.1991. in support of his submission, he has placed reliance on an unreported decision of this Court dated 13.3.1995 passed in C.W.J.C. No. 10463 of 1994 (Abha Singh vs. The State of Bihar & Ors.) (Annexure -10).