RUKMINI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The writ petitioner is the appellant being aggrieved by the judgment dated 13.04.2009 passed in WPS No. 6307 of 2005, whereby the writ petition was dismissed. The learned Single Judge refused to interfere in the order of her termination from service, contained in letter no. 619(S) dated 07.07.2004 passed by the Joint Secretary, Department of Health, Government of Jharkhand, whereby the Civil Surgeon-cum- Chief Medical Officer, Pakur was directed to terminate the services of the petitioner on the ground that her appointment on such post was illegal. Petitioner had also sought quashing of letter no. 1127 dated 01.08.2004 issued by the Civil Surgeon-cum-Chief Medical Officer, Pakur by which she was restrained from discharging her duty.

(3.) As per the case of the writ petitioner, she was working as Mahila Kaksha Sevika (Female Health Worker) in the Health Department in Pakur Hospital, District-Pakur( the then Santhal Pargana district) on temporary basis. Her services were regularized on the post of Female Health Worker in the scale of Rs. 350-5-425 with other admissible emoluments, vide memo no. 304 dated 15.01.1986 w.e.f. the said date ( Annexure-1 to the writ petition). According to her, she had regularly discharged her duty with dedication and discipline till her services were terminated vide order at Annexure-1, dated 07.07.2004, bearing memo no. 619(S) communicated to total similarly situated 32 such employees through memo no. 1127 dated 01.08.2004 by the Chief Medical Officer, Pakur. As per the statement made in para 5 of the writ petition, petitioner was confirmed in service on the post vide memo no. 20 dated 10.07.1996 by the Civil Surgeon-cum-Chief Medical Officer, Sahebganj with effect from 15.1.1989 on completion of three years of service. On completion of 10 years of unblemished and uninterrupted services, she was granted 1st Time Bound Promotion w.e.f. 07.07.1996. She continued to work in the department without any adverse remark. She was, however, shocked to receive a letter issued by the Chief Medical Officer, Pakur bearing memo no. 146 dated 02.02.2002 asking her to reply the following charges, allegedly levelled against her:-