Quashed

Sansar Devi v. The State Of Bihar and Ors.

Patna HC4 Jul 2014CWJC/18594/2013

Case brief

AI extract

What is this about?

This oral order quashed an impugned direction from the In-charge Medical Officer requiring Association of Nursing Officers (A.N.Ms) to refund excess salary increments. The court held that since A.N Ms were exempted from statutory requirements to pass the Hindi Noting and Drafting Examination, the recovery order lacked basis and was set aside, directing immediate refund of any deducted amounts.

What did the court decide?

Impugned order quashed; Respondents directed to refund any amount deducted from petitioners forthwith.

Sansar Devi Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14090 of 2013

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Raj Dulari Devi Wife Of Late Sri Ram Nandan Chaudhary R/O Village - Amarpur, P.O. Amarpur, P.S. Bihpur, District - Bhagalpur, Now Posted As Health Sub Centre Amarpur, Bihpur, Bhagalpur

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Anita Kumari Wife Of Sri Nrvesh Kumar Jha R/O Village - Naughachiya, Near G.B. College Road, P.O. Naugachiya, P.S. Naugachiya, Bhagalpur Posted As Health Sub Centre Marwa, P.S. Bihpur, Distt. Bhagalpur

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Mira Kumari Wife Of Sri Vijay Kumar Mandal R/O Urain, P.O. Urain, P.S. Kajra, District Lakhisarai, Posted At Sub Centre Gazipur, Bihpur, Distt. Bhagalpur

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Sulochna Devi Wife Of Sri Ramesh Prasad Singh R/O Babhangawa, P.O. Bhabhagawa, P.S. Bihpur, Posted At Sub Centre Babhagawa, Bihpur, Distt. Bhagalpur

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Manju Kumari Wife Of Shanker Kumar R/O Halsi Block, P.O. Halsi, P.S. Halsi, District - Lakhisarai, Posted As Sonwars, Bihpur, Distt. Bhagalpur

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Kala Kumari Singh Wife Of Maheshwari Prasad Singh At R/O Village - Hario, P.O. Hario, P.S. Bihpur, District - Bhagalpur, Posted As Caulvi Sub Centre Dayapur, Bihpur, Distt. Bhagalpur

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.... .... Petitioner/s

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Versus

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The State Of Bihar Through The Principle Secretary, Department Of Health, Government Of Bihar, Patna

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Director, Department Of Health, Government Of Bihar, Patna

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Chief Medical Officer Cum Civil Surgeon, Bhagalpur, District - Bhagalpur

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In Charge Medical Officer, Primary Health Centre, Bihpur, District - Bhagalpur

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.... .... Respondent/s

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with

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Civil Writ Jurisdiction Case No.18594 of 2013

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Sansar Devi Wife Of Raj Kumar Resident Of Village- Jhandapur, P.S.Bihpur, Distt. Bhagalpur

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Patna High Court CWJC No.14090 of 2013 (5) dt.04-07-2014

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.... .... Petitioner/s Versus 1. The State Of Bihar Through The Principle Secretary, Department Of Health, Government Of Bihar, Patna 2. Director, Department Of Health, Government Of Bihar, Patna 3. Chief Medical Officer Cum Civil Surgeon, Bhagalpur, District Bhagalpur 4. Incharge Medical Officer, Primary Health Centre, Bihpur, DistrictBhagalpur .... .... Respondent/s ====================================================== Appearance : (In CWJC No.14090 of 2013) For the Petitioner/s : Mr. Md. Helal Ahmad For the Respondent/s : Mr. Anjani Kr Sharan (In CWJC No.18594 of 2013) For the Petitioner/s : Mr. Md. Helal Ahmad For the Respondent/s : Mr. Gautam Bose ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 5 04-07-2014 These two writ applications have been preferred by A.N.Ms of Bhagalpur district against an order of the In-charge Medical Officer directing them to refund excess amount of salary paid to them as increment without passing the Hindi Noting and Drafting Examination.

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Learned counsel for the petitioners submits that the A.N.Ms are exempted by the Government from appearing and passing the Hindi Noting and Drafting Examination.

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Counter affidavits have been filed in both the cases and learned respective counsels appearing in both the cases accept that the A.N.Ms have been in fact exempted from appearing in the

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Patna High Court CWJC No.14090 of 2013 (5) dt.04-07-2014

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examination.

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In the circumstances, the order passed by the In-charge Medical Officer, as contained in Annexure-1, is quashed. The respondents are directed to refund any amount deducted or recovered from the petitioners on account of said impugned order forthwith.

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(Jayanandan Singh, J)

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Arvind/-

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Sansar Devi v. The State Of Bihar and Ors.

Case brief

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Sansar Devi v. The State Of Bihar and Ors.

Case brief

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