IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15808 of 2009 MANORMA KUMARI, WIFE OF VISHWANATH PRASAD AKELA, RESIDENT OF VILLAGE – INJORE, P.S. – MEHANDIA IN THE DISTRICT OF ARWAL ………………….. PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR-IN-CHIEF, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICE, MAGADH DIVISION, GAYA 4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, JEHANABAD 5. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, ARWAL 6. THE IN-CHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, KURTHA IN THE DISTRICT OF ARWAL. …………….. RESPONDENTS ----------- 04. 15.07.2011 Heard learned Counsel for the petitioner and the State. Petitioner is fighting her battle continuously in order to remain in service. She was appointed as A.N.M. after obtaining degree and got herself registered from Bihar Nurses Registration Council. She was terminated from her service alleging her degree of Nursing not proper and her appointment as A.N.M. forged and illegal. The termination order was challenged by the petitioner by filing C.W.J.C. No. 9484 of 2003, which was allowed. However, the State challenged this order by filing L.P.A. Several L.P.A.s were heard analogous. The Order passed by the Single Judge was not quashed, but direction was issued to the State Government for constituting a Five- 2 Men-Committee under the Chairmanship of Director-in- Chief in order to examine the legality of the appointment of persons, like, petitioner, employed as ANM. The Five- Men-Committee in its report found the appointment of the petitioner irregular and in view of the decision of State of Karnataka Vrs. Uma Devi, petitioner was allowed to join, regularizing her service. This is the last battle of the petitioner where her prayer is for a direction to Respondents to make payment of arrears of salary for the period she remained under termination during 21.06.2003 to 26.09.2007. Counter Affidavit filed on behalf of the State though admitted all other facts stated by the petitioner, but so far entitlement of the petitioner to get arrears of salary during the period 21.06.2003 to 26.09.2007, it is stated that the petitioner is not entitled to get her salary as she has not worked during this period. Her claim for arrears of salary is not permissible under the formula “No Work No Pay”. The formula of “No Work No Pay” can not be made applicable in the case like petitioner. There is no allegation that while remaining in service, petitioner willingly and intentionally refused to discharge her duties, rather she was restrained from discharging her duties on account of an illegal order of termination, 3 which was finally quashed by the High Court. While quashing the termination order of the petitioner, there was no judicial direction that petitioner will not be entitled for her salary for the period of termination, despite her reinstatement on the post. The reason assigned in the Counter Affidavit for not making payment of arrears of salary to the petitioner is not acceptable, being completely arbitrary and illegal order. This application is being allowed, directing the Civil Surgeon-cum-Chief Medical Officer, Arwal, Respondent No. 5 and the In-charge Medical Officer, Primary Health Centre, Kurtha in the District of Arwal, Respondent No. 6 to make payment of arrears of salary to the petitioner for the period 21.06.2003 to 26.09.2007 within eights weeks from the date of production / communication of this Order with all consequential benefits. With the aforesaid observations / directions, this Writ Application is allowed. SKM (Mridula Mishra, J.)