Petitioners, ANMs alleging suppression of facts regarding a letter cancelling their appointments seeking the difference in honorarium, dismissed. Court held claim not made out for lack of documentary evidence proving honorarium enhancement.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16917 of 2014
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Patna High Court CWJC No.16917 of 2014(5) dt.09-01-2023
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====================================================== Appearance : For the Petitioner/s : Mr.Suresh Prasad Sharma, Adv. For the Respondent/s : Mr.Alok Kumar Rai, AC to AAG IV ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
The petitioner by way of this writ petition assails the
order of the respondents to not releasing the difference of honorarium which was enhanced to Rs.11,500/- from Rs. 8,000/from the date of joining as A.N.M.
The counter affidavit has been filed wherein it is stated that the petitioner is receiving honorarium of Rs.8000/per month from the date of joining but vide letter no. 604 dated 11.03.2013 their appointments were cancelled as the certificates were found to have been issued by the institution which were not duly registered with the Bihar Nursing Registration Council.
The counter affidavit is wholly evasive with regard to the fact that the honorarium which was required to be paid was Rs.11,500/-.
Learned counsel submits that the petitioners have worked from March 2010 to 11.03.2013. However, there is no document to show that the honorarium was increased from Rs.8,000/- to Rs.11,500/-.
Patna High Court CWJC No.16917 of 2014(5) dt.09-01-2023 3/3
In view thereof, the claim of the petitioners is not made out. The writ petition is misconceived and is, accordingly,
dismissed.
(Sanjeev Prakash Sharma, J)
Shamshad/Item No. 50
U
2 issues framed by the court
Whether the petitioners are entitled to the difference in honorarium from the date of joining as A.N.M.
Whether the increased honorarium claim is supported by documentary proof of enhancement.
Bindu Devi & Ors.
The State Of Bihar
The Secretary, Department of Health, Govt. of Bihar
The Director, State Health Samittee, Bihar
The Civil Surgeon-Cum-Member Secretary, District Health Samittee, West Champaran
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
