Petitioner, appointed as ANM(R) without mandatory qualifications, challenged orders directing refund of honorarium. Court dismissed petition, relying on precedent on incompetent appointments.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19047 of 2015
Arising Out of PS. Case No.- Year-1111 Thana- District-
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Mamta Kumari Wife of Dayanand Suman Resident of Village - Yashoda Math, P.S. - Kanti, District - Muzaffarpur.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocate For the Respondent/s : Mr. Ravish Chandra, AC to SC 6
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT
Date : 04-01-2024
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
(i) For issuance of writ in the nature of certiorari to quash the order of Respondent no 4, the In charge Medical Officer, Primary Health Centre, Kanti, communicated vide letter no 0564 dated 10.10.2015 by which petitioner was directed to deposit the amount of Rs 695164-00 the honorarium for the period from 14.1.2008 to 31.5.2014 for which petitioner worked on the post of ANM(R) at Primary Health Sub Centre, Bakatpur,
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Kanti(Muzaffarpur) which is contained in Annexure-5 to this petition.
(ii) For issuance of writ in the nature of mandamus commanding and directing the respondents not to realise/ get refund of the amount of honorarium for which petitioner has already worked on the post of ANM(R) at the P.H.C Kanti.
(iii) For holding and declaration that respondents do not deserve to pass an order for refunding back of the amounts of Rs.695164=00 the amount of honorarium of the petitioner. (iv) Grant such other relief or reliefs to which the petitioner is found entitled in the facts and circumstances of this case.
pursuance of the advertisement published by the State Health Society, Patna, the petitioner was appointed on the post of Auxilliary Nurse Midwife (R) on 12.04.2007 and after selection the petitioner had joined under Health Sub Centre, Bakatpur under Primary Health Centre, Kanti. After completion of the contract period the petitioner was allowed to work for further period of 11 months and thereafter, again she has been granted extension for the period of 3 years till the programme is going on. In the year 2014, the petitioner has received a notice which suggests that the petitioner has furnished the false certificate at
Patna High Court CWJC No.19047 of 2015 dt.04-01-2024 3/4
the time of furnishing her initial appointment.
Patna High Court CWJC No.19047 of 2015 dt.04-01-2024 4/4
Devendra Sharma) , which is quoted hereinbelow:-
“(32) An argument was raised on behalf of learned counsel for the employees that some of the appointments have been made by Regional Deputy Director as four posts of Assistant Directed were converted into that of Regional Deputy Director. We do not find any merit in the said argument. The post of Assistant Director was provided in the Directorate of Health Services with no delegation of appointment except in the case of emergency against sanctioned posts. Such Regional Deputy Director has not been conferred power of appointment against Class III and Class IV posts. Therefore, the Assistant Director was incompetent to make appointments against the sanctioned posts except in emergent cases and so is Regional Deputy Director.”
accordingly dismissed.
(Rajesh Kumar Verma, J)
Vanisha/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 15.01.2024 |
| Transmission Date | N/A |
1 issue framed by the court
Whether the petitioner, appointed as ANM(R) without mandatory qualifications, is entitled to retain honorarium and liable for refund.
Colour shows how this judgement treated each authority
State of Bihar Vs. Devendra SharmaReferred¶33
2020 (15) SCC 466 (State of Bihar Vs. Devendra Sharma) · Who else cites this
Mamta Kumari
The State Of Bihar
The Executive Director, State Health Society, Bihar, Patna
The Civil Surgeon cum Member Secretary, District Health Society, Muzaffarpur
The In-charge Medical Officer, Primary Health Centre, Kanti, Muzaffarpur
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
