PUNAM KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 9th October, 2015, whereby the writ applications were disposed of in the light of the order of Health Department contained in Memo No. 990(4) dated 11.11.2014, by which the honorarium payable to the appellant were raised to Rs. 25,000/- .

(2.) The appellant was appointed as Staff Nurse Grade-A on contract basis. The remuneration payable to such employees was dealt with by the State Government in a Circular dated 18th July, 2007, wherein, it was contemplated that the Committee shall consider the amount of honorarium payable to the Staff Nurse Grade-A after taking into consideration the minimum of the pay scale, dearness pay, dearness allowance and other allowances including such as house rent allowances. The mandate was that the Committee will take into consideration the pay and allowances to arrive at the honorarium payable. In terms of such decision of the State Government, the Committee in its meeting held on 13th November, 2007 fixed the honorarium payable to Staff Nurse Grade-A at Rs. 7955/-. The said amount does not include any amount of dearness pay, though such dearness pay was included as payable to the Professor, Associate Professor and Assistant Professor.

(3.) Learned Single Bench disposed of the writ application vide order impugned after noticing the subsequent provision of the honorarium which was revised on 11.11.2014 to Rs. 25,000/-. To arrive at the sum of Rs. 25,000/-, the Committee has considered the pay band, grade pay, dearness allowance, house rent allowances, the total of which comes out to be Rs. 29,100/- as the salary payable to the regular employees. Since the appellant was appointed on contract basis, the honorarium of contractual employee was fixed as Rs. 25,000/-.