LAWS(JHAR)-2010-5-55

SITA KUMARI Vs. STATE OF JHARKHAND

Decided On May 04, 2010
SITA KUMARI Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) From the submissions made by the counsel for the petitioner and counsel for the respondent State, it appears that pursuant to the order dated 29.07.2009, a decision has been taken by the Secretary, Department of Health and Family Welfare, State of Jharkhand whereby the petitioner has been transferred and posted as Auxiliary Nurse Midwife to Hazaribagh where she was allowed to join on and from 12.08.2009 under the ACMO, Hazaribagh.

(2.) It appears therefore, that by such order of transfer, the petitioner's initial grievance has been redressed. However, counsel for the petitioner would inform that the surviving grievance of the petitioner is that she has not been paid her salary since December, 2007 and would now pray for a direction upon the concerned authorities of the respondents to pay her not only arrears of salary but also her current and future salary.

(3.) Sri S.K.Gautam, learned counsel appearing for the Respondent No. 9 would intervene and submit that the Respondent No. 9 has also file a writ application which is pending before this Court vide W.P.(S) No. 6313 of 2007 in which she has challenged the order of her transfer and though no order of stay was passed by the Court, but it was also declared that any order of transfer of the Respondent No. 9 ( petitioner in the aforesaid writ application ) would be subject to the final decision of the writ application. Learned counsel submits that the present transfer of the petitioner to Hazaribagh, is likely to adversely affect the petitioner's interest and her grievance against her transfer from Hazaribagh to another station.