High Court held that the petitioner, an ANM illegally terminated in 1997, is entitled to salary and interest for the period of termination, albeit the court did not award actual figures in this jurisdictional order.
Director to pay salary with interest to petitioner within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9847 of 2013
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Saraswati Kumari Wife of Eknarain Panjuar, resident of village- Bairwa, P.O.Sagarghat, District- Madhubani. at present Ram Krishna Nagar, N.T.P.C. Colony, P.O.- New Jagganpur, P.S.- Ram Krishna Nagar, District- Patna. A.N.M. Primary Health Centre, Poonpoon, District- Patna.
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance :
For the Petitioner/s : Mr. Gopal Govind Mishra, Adv. For the Respondent/s : Mr. Sharwan Kumar, Adv.
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 20-07-2016
Heard learned counsel for the petitioner and learned
counsel for the State.
In this case, the petitioner was appointed as A.N.M. in the year 1992 along with 75 persons, but after five years, the services of the petitioner along with others were terminated in July 1997.
Several writ petitions were filed. The petitioner along with others filed C.W.J.C. No. 875 of 1999 which was allowed, vide order dated 8.12.1999.
The only limited grievance has been raised in the present application about the entitlement of the salary for the period the
Patna High Court CWJC No.9847 of 2013 dt.20-07-2016
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petitioner remained in termination.
This matter is no longer res integra in view of the order passed in C.W.J.C. No. 958 of 2010 where the Court has held that the person, who was illegally terminated, is entitled to the salary along with the interest.
This petition is also disposed of in identical terms that the petitioner is entitled to the same benefit as has been given to Asha Kumari, petitioner of C.W.J.C. No. 958 of 2010 and same benefit should be given to the petitioner without any unnecessary delay, preferably within a period of two months from the date of receipt/production of a copy of this order.
(Shivaji Pandey, J)
Mahesh/-
| AFR/NAFR | NAFR |
|---|---|
| CAVDATE | |
| UploadingDate | 22.07.2016 |
| Transmission Date |
1 issue framed by the court
Whether the respondent is entitled to salary with interest for the period remaining after illegal termination.
Saraswati Kumari
The State of Bihar and Others
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
