IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3262 of 2007 LILAWATI KUMARI, w/o Late Jitan Prasad, resident of Village and PS Sareya, District Gopalganj at present Junior Sister Tutor, A N M School, Purnea ….Petitioner Versus 1. THE STATE OF BIHAR through the Secretary of Health, Education and Family Welfare Department, Bihar, Patna 2. Shrimati Dr. Geeta Prasad The Director –in-Chief, Health Services,Govt. of Bihar, New Secretariat, Patna 3. The Superintendent of Sadar Hospital, Purnea, namely R C Mandal 4. The Superintendent of A N M School, Purnea, R C Mandal 5. Dr. Upendra Tiwary, son of Sri Ajab Lal Tiwary of Village & Post Jhanjharpur, PS Pasraha, District Khagaria posted as Civil Surgeon –cum-Chief Medical Officer, Purnea …. Respondents –Opp.Parties ----------- 04- 7.7.2010 Heard Mr. Amarendra Narain for the petitioner, and learned Assistant Counsel to Govt. Pleader no.XI. This application under section 12 of the Contempt of Court Act has been preferred for the alleged disobedience of the order dated 9.8.2007, passed in CWJC No.3262 of 2007 (Lilawati Kumari vs. State of Bihar & Ors.), whereby the writ petition preferred by the present petitioner was allowed, and various reliefs were granted to her including payment of differential amount of salary for the period 11.12.92 to 14.11.2000, and the salary for the period 30.3.96 to 1.4.98. The entire money benefits of the petitioner were directed to be paid with interest indicated in the order. Payments were made in full to the petitioner during the pendency of the present proceeding. However, the petitioner has been visited with the order bearing memo no.1856 Swa., Purnea, 2 dated 7.7.2009 issued under the signature of opposite party no.5 (Civil Surgeon-cum-Chief Medical Officer, Purnea), whereby the petitioner has been informed that she was erroneously paid salary for the period 6.5.97 to 1.4.98. Therefore, recovery of the amount was directed in installments. The contemners have placed on record their show-cause. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. The respondent authorities have now taken the stand that the petitioner was during the said period, namely, 6.5.97 to 1.4.98 on leave and, therefore, the period was treated by the State Government as extra-ordinary leave without pay. On the contrary, the Civil Surgeon had stated as follows in paragraph-4 of the counter affidavit in the writ proceeding:- “4. That it is stated that the petitioner has preferred the instant writ application for a direction for payment of salary and difference of salary in the scale of Rs.5500-9000/- on account of promotion to the post of Junior Sister Tutor, and also for a direction for payment of salary since 30.3.1996 to 01.04.98 for the period when the petitioner was posted in Secretariat, Patna.” It is thus evident that the writ petition was disposed of on the footing that the petitioner was during the period 30.3.96 to 1.4.98 posted in the Secretariat. Therefore, no question of her being on leave during that period arose. Keeping in view the history of this litigation, it appears to us to be a measure to harass the petitioner. She has approached this Court for the fourth time and seems to have faced utter harassment, and 3 burdening this Court with most unwanted litigations. 3. In the result, the order bearing memo no.1856 Swa. Purnea, dated 7.7.2009 (Annexure 2 to the Reply of the show-cause on behalf of the petitioner), issued under the signature of the Civil Surgeon, Purnea, is hereby set aside. The respondent authorities are hereby directed to refund the amounts so far recovered from the petitioner with interest @25% from the date(s) of recovery till the date of refund. The petitioner is also entitled to costs quantified at Rs.25,000/- (twenty five thousand) on account of litigations. The Civil Surgeon-cum-Chief Medical Officer, Purnea, shall ensure payment of the entire amount in single installment. 4. Let a copy of this order be handed over to Mr. Anil Kumar, learned Govt. Pleader no.XI. ( S K Katriar ) mrl