ANJANI SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AS the case relates to payment of salary and the matter requires to be determined by the respondents at first instance, the case is disposed of at this stage.

(2.) ACCORDING to petitioner, she was appointed on compassionate ground on 24.12.1991 to the post of Medical clerk in Primary Health Centre, Sarwan within the jurisdiction of Civil Surgeon -cum -Chief Medical Officer, Deoghar. Subsequently, she was transferred to Primary Health Centre, Palojori on 27.6.1996 where she joined on 8.7.1996, However, the petitioner was relieved immediately within four days from Primary Health Centre, Palojori on 12.7.1996 to rejoin Primary Health Centre, Sarwan. However, she was not allowed by the Incharge Medical Officer, Primary Health Centre, Sarwan to rejoin the post in spite of direction given by the Deputy Commissioner, Deoghar vide letter dated 24.7.1996. The petitioner was subsequently relieved on 8.9.1996 by respondent No. 8 and salary was stopped. The Regional Deputy Director, Health Services, Santhal -Pargana. Dumka thereafter took up the matter and cancelled the order of transfer on 31.12.1996 but in spite of the same, the petitioner was not allowed to join at Primary Health Centre, Sarwan. The petitioner being aggrieved, moved the Patna High Court In CWJC No. 298/98 but it was allowed to be withdrawn with liberty to represent before the authorities. Thereafter the matter was taken up by the Director -in -Chief, Health Services, Bihar on 26.2.1999 and asked the authorities to accept the joining of petitioner and to pay salary. In pursuance of the said letter, order of posting was issued on 25.5.1999 in pursuance of which the petitioner was posted and joined in the Primary Health Centre. Jasidih and continued to receive salary. However, the salary of the period from September, 1996 to 14.4.1999 stated to have not been paid.

(3.) ADMITTED dues if any, on such decision, be paid within one month thereof.