IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.12360 of 2008 Anjani Kumari, W/O Suman Kumar, resident of South Ramkrishna Nagar, P.S. Ramkrishna Nagar, District Patna .. Petitioner Versus 1. The State of Bihar 2. The Secretary-cum-Commissioner, Health Services, Bihar, Patna 3. The Deputy Secretary, Health Services, Bihar, Patna 4. The Director-in-Chief, Health Services, Bihar, Patna 5. The Deputy Director (Training), Health Services, Bihar, Patna 6. The Regional Deputy Director, Health Services, Patna Division, Patna 7. The Civil Surgeon-cum-Chief Medical Officer, Nalanda at Biharsharif, P.S. Biharsharif, district Nalanda 8. The In-Charge, Medical Officer, Primary Health Centre, Chandi, P.S. Chandi, district Nalanda 9. The In-Charge, Medical Officer, Primary Health Centre, Nagarnausa, P.S. Nagarnausa, district Nalanda 10. The Civil Surgeon-cum-Chief Medical Officer, Motihari, P.S. Motihari district East Champaran .. Respondents **** /6/ 10.02.2009 Heard the counsel for the petitioner and the State. 2. Petitioner was appointed on the post of A.N.M. after observing the procedure for appointment on this post. She was appointed on 07.05.1987 and posted at Kesariya Primary Health Centre, Motihari. This application has been filed by the petitioner for quashing an order, contained in Memo No. 122, dated 11.06.2008, by which salary of the petitioner has been stopped in pursuance of letter no. 766(8), dated 07.05.2008, letter no. 511, dated 16.05.2008, and letter no. 2145, dated 21.05.2008. Further, prayer of the petitioner is for a direction to make payment of salary to the - 2 - petitioner. 3. Two counter affidavits have been filed. One by Civil Surgeon-cum-Chief Medical Officer, Nalanda, respondent no. 7, and another by the Civil Surgeon-cum- Chief Medical Officer, Motihari, respondent no. 10. First counter affidavit has been filed by the respondent no. 7 as presently the petitioner is posted at Primary Health Centre, Nagarnausa in the district of Nalanda. Respondent no. 7, in his counter affidavit, has stated that an enquiry is going regarding the genuineness of petitioner’s appointment on the post of A.N.M. in the year 1987. Till the enquiry is concluded salary is not being paid to the petitioner. 4. The counter affidavit of respondent no. 10 was essential for coming to the conclusion that petitioner was legally appointed as A.N.M. The petitioner was initially appointed at Motihari and posted at Primary Health Centre, Kesariya. Respondent no. 10 has stated that petitioner was selected for A.N.M. training by C.S. Letter No. 236, dated 25.01.1985. The Selection Committee decided to send the petitioner for A.N.M. training. She completed her training and passed the training course. Thereafter, some vacancies were advertised for A.N.M. post and petitioner applied for this. She was interviewed by the Interview Board on 27.04.1987 and selected for appointment. and posted at Kesariya Primary Health Centre vide letter no. 1016, dated 07.05.1987, issued by the Civil Surgeon-cum-Chief Medical Officer, Motihari. 5. Considering this counter affidavit the doubt which was created regarding the genuineness and legality of - 3 - petitioner’s appointment has been cleared. I do not find that earlier direction issued by respondents through different letter for stopping the payment of salary to the petitioner has got any relevance, now. 6. Accordingly, respondent no. 7, Civil Surgeon- cum-Chief Medical Officer, Nalanda, is directed to make payment of past as well as current salary to the petitioner. The payment must be made to the petitioner within three weeks from the date of production/communication of this order. 7. With these observations and directions, this application is allowed. Cp:2/S.A. ( Mridula Mishra, J.)