IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13298 of 2003 Savitri Verma Wife of shri Vaneshwar Prasad Verma, Resident of Ward No. 11, Hanumant Nagar at Araria. P.O.+P.S.+District-Araria at present posted as Female Health Worker. Araria. ---------Petitioner Versus 1. The State of Bihar through the Department of Health, Medical Education and Family welfare, Government of Bihar, Patna. 2. The Additional Secretary to the Government, Department of Health, medical Education and Family Welfare, Government of Bihar, Patna. 3. The Civil Surgeon-cum-Chief Medical Officer, Araria. 4. The Medical Officer, Incharge, Primary Health Centre, Block- Araria. District-Araria. ------Respondents ---------- 3. 11.10.2010 No one appears on behalf of the petitioner. Counsel for the State is present. The prayer of the petitioner in this writ application reads as follows:- (I) For holding that the circular as contained in Memo No. 1828 dated 26.05.2003 issued by the Additional Secretary to the Government, Department of Health, Medical Education and Family welfare, Bihar, Patna purporting to revise the house allowance to the A.M.N. and Midwife from 10% to 5% is not applicable in case of the petitioner in as much as she is a Female Health Worker and appointed with a precondition of free accommodation and in lieu of free accommodation 10% of the salary as House Allowance is to be paid. (II) For commanding the respondents to pay - 2 - the petitioner 10% of her basic salary as House Allowance in terms of the service conditions applicable to her right from the date of appointment and not to make any reeducation in salary or any recovery from salary on the ground of alleged excess payment of house Allowance. (III) For holding that free accommodation is mandatory conditions of service for Female Health Workers and since the petitioner was appointed as Female Health Worker on 09.04.1981 vide letter No. 1516(FW) dated 09.04.1981 which speaks that she will get a free accommodation and in lieu of that 10% of her basic salary will be paid to her as house Allowance. (IV) For holding that the Bihar State Employees (House Allowance) Rules 1980 is not applicable to such government servants who are entitled to House Allowance in lieu of rent free accommodation as a condition of service in as much the appointment letter of the petitioner as also the established rules in the Department will show that the Female Health Workers are entitled to free accommodation and all such Female Health Workers appointed were given 10% of basic salary as House Allowance in the circumstance of non- availability of free accommodation to them. (V) For commanding the respondents to pay the petitioner her salary without any - 3 - deduction in House Allowance as she used to be paid prior to issuance of the aforesaid circular dated 26.05.2003.” As with regard to the grievance of reduction of House Rent Allowance from 10% to 5% prima-facie has substance, inasmuch as, when the appointment letter of the petitioner as Auxilliary Nurse and Midwife (A.N.M.) had clearly envisaged a term and condition of her service by way of either providing rent free accommodation or in lieu thereof, 10% of her pay as House Rent Allowance, it will not be open for the State Government to vary the terms and conditions of the service on the plea of some subsequent general order based on acceptance of the recommendations of the Pay Revision Committee. This Court, therefore, would direct the authorities to reconsider their decision strictly in accordance with the terms and conditions of the appointment of the petitioner and if it is found that her appointment letter had contained such a clause of payment of House Rent Allowance at the rate of 10% and that she was never allotted any quarter by the Government, her House Rent Allowance would - 4 - remain 10% of her pay till such condition is varied after following the prescribed procedure. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)