SABITA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This writ petition is directed against the order dated 6.12.2004 issued by Medical Officer-in-charge, Primary Health Centre, Barhara, Bhojpur, by which the petitioner was directed to get relieved from there for joining at Referral Hospital, Sahpur Prakhand, Bhojpur, in compliance of order dated 3.12.2004 passed by Civil Surgeon-cum-Chief Medical Officer, Bhojpur at Arrah.

(3.) Learned counsel for the petitioner while challenging the aforesaid order submits that the petitioner was appointed on 1.4.2002 (Annexure-1) as Auxilliary Nurse Mid-wife (ANM) whereafter she was posted at Primary Health Centre, Barhara, on 1.6.5.2002 (Annexure-2). The learned counsel for the petitioner further submits that since the post at Babhangama Sub-Centre of Barhara Primary Health Centre was not a sanctioned post and merely a created post, the Chief Medical Officer, Arrah, vide his order dated 26.11.2002 (Annexure-3) directed the petitioner to remain posted at Babhangama Sub-Centre of Barhara Primary Health Centre and for the purpose of her salary etc., her posting was fixed at Sahpur Prakhand Sub-Centre, Chamarpur, whereafter the petitioner joined at Chamarpur Sub-Centre on 2.12.2002 (Annexure-5), but on the next date i.e on 3.12.2002, (Annexure-6) the Medical Officer-incharge, Referral Hospital, Sahpur Prakhand, relieved the petitioner for joining at Babhangama Sub-Centre of Barhara Primary Health Centre and the petitioner joined there on 4.12.2002 (Annexure-7). The learned counsel for the petitioner further submits that the Incharge, Medical Officer, Sahpur Prakhand asked the Incharge, Medical Officer, Primary Health Centre, Barhara, by letter dated 10.12.2002 (Annexure-8) to send the papers of the petitioner for payment of salary which was complied by the Incharge, Medical Officer, Primary Health Centre, Barhara, on 12.12.2002 (Annexure-9) whereafter salary is being paid to the petitioner.