IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.1287 of 2011 Smt. Babita Kumari, W/o Akhilesh Kumar, D/o Mahendra Narayan Yadav, resident of village and P.O. Tarbara, P.S. Biraul, District Darbhanga ………….. Petitioner Versus 1. State of Bihar through its Principal Secretary, Department of Health and Family Welfare, Govt. of Bihar, Patna 2. The Director in Chief, Health, Government of Bihar, Patna 3. The Executive Director, State Health Society, Bihar, Patna 4. The Collector-cum-President, District Health Society, Darbhanga 5. The Civil Surgeon-cum-Chief Medical Officer – Ex- officio Secretary, District Health Society, Darbhanga 6. The District Programme Manager, District Health Society, Darbhanga 7. The Medical Officer in charge, Primary Health Centre, Biraul, District-Darbhanga …….. Respondents ---------------------------------- 2. 2.8.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner who is an Auxiliary Nurse and Midwife (ANM) posted at Primary Health Centre, Biraul, Darbhanga was terminated by order dated 21.8.2010 of the Civil Surgeon-cum-Chief Medical Officer, Darbhanga on the ground that she had submitted forged certificate regarding registration as ANM. The petitioner was thereafter without communicating any order, orally directed by the In- 2 charge Medical Officer of the Primary Health Centre not to work and was prevented from marking her attendance. The petitioner’s representations and attempts to obtain information under RTI was resisted but ultimately it was accepted that another ANM having the same name as the petitioner has been removed from service for having produced forged certificate. The petitioner again filed a representation before the authorities on 1.12.2010 and thereafter the authorities have finally acted on 25.3.2011 and withdrawn the order dated 21.8.2010 and permitted the petitioner to continue to work on the post, as stated in the counter affidavit filed on behalf of respondent no.5, the Civil Surgeon –cum-Chief Medical Officer, Darbhanga. Learned counsel for the petitioner submits that although the grievance regarding the continuance of the petitioner on the post stands redressed yet the order dated 25.3.2011 as brought in the counter affidavit as Annexure-A does not speak about the payment of salary to the petitioner for the period during which she was wrongly kept out of 3 work. In view of the admission in the counter affidavit itself that registration certificate of another Babita Kumari bearing the same name as the petitioner had been found to be forged and thereafter the mistake committed by the authorities has been rectified, it is evident that the petitioner has been wrongly kept out of work for the period from 26.8.2010 until she was allowed to join and in no way she can be considered responsible for the same. She would thus be entitled to payment of full salary and allowance for the said period according to her contract of service. Let the same be paid within a period of three months from today. The writ application is accordingly allowed in terms of the aforesaid observations and directions. S.Pandey ( Ramesh Kumar Datta, J.)