MALTI KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Prayer of the petitioner in this application filed under Article 226 of the Constitution of India is to pay to him the salary for the period December, 1991 to 19.2.1995.

(2.) Shorn of unnecessary details, facts giving rise to the present application are that by order dated 1.3.1990 (Annexure 2), petitioner was appointed as Auxiliary Nurse Midwife and her service was placed at the disposal of the Incharge Medical Officer, Nowa Nagar. In pursuance of the said order, petitioner joined and her salary was paid till her service was terminated by teleprinter message. It seems that by the teleprinter message, services of a large number of. Auxiliary Nurse Midwife were terminated and the matter travelled upto this Court- This Court found the termination of the petitioners service by the teleprinter message to be bad in law and directed the respondents to make inquiry after giving show cause notices to the employees concerned. Such an enquiry was held and the service of the petitioner was again terminated. Aggrieved by the same, petitioner preferred CWJC No. 5410 of 1992 (Malti Kumari and Ors. v. The State of Bihar and Ors.) before this Court. This Court, by order dated 3.10.1994, disposed of the writ application with the following direction :

(3.) In pursuance of the aforesaid order, by order dated 20.2.1995, petitioner was appointed as Auxiliary Nurse Midwife and posted at Nawa Nagar Block in the district of Bhojpur. While issuing the order of appointment and posting, it was made clear that the petitioner shall be paid the salary from the date of her joining.