1 S.B.CIVIL WRIT PETITION NO. 7196/2007 Smt. Munni Vyas Vs. State of Raj. & Ors. Date of Order :: 10.11.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr Arjun Purohit, for the petitioner/s. Mr R.R. Kanwar, for the respondents. ... By an order dated 29.8.2004 the petitioner, an Auxiliary Nurse Midwife, was transferred from Mahatma Gandhi Hospital, Jodhpur to Primary Health Centre, Kanasar. The transfer aforesaid came to be cancelled under an order dated 27.12.2004 and as such the petitioner was permitted to continue at Mahatma Gandhi Hospital, Jodhpur. By a letter dated 1.7.2006 the Directorate of Medical and Health Services instructed all the competent authorities in the State to post all the Auxiliary Nurse Midwives working on deputation at the places of their original posting. Accordingly, by an order dated 14.7.2006 the Superintendent, Associated Group of Hospitals, Jodhpur relieved the petitioner from Mahatma Gandhi Hospital to report before Chief Medical and Health Officer, Jodhpur, by treating her on deputation against the post of Nurse Gr.II. In pursuant to the order aforesaid the petitioner reported in the office of Chief Medical and Health Officer, Jodhpur, however, she was not permitted to resume duties their and by an another letter dated 27.7.2006 she was ordered to report before the Superintendent, Associated Group of Hospitals, Jodhpur, but no joining was allowed to the petitioner at Mahatma Gandhi Hospital, Jodhpur. To settle the fact as to whether the petitioner was working at Mahatma Gandhi Hospital, Jodhpur on deputation or not, a lot of inter- departmental communications took place, and ultimately, an order 2 dated 17.1.2007 was passed by the Directorate, Medical and Health Services, Rajasthan transferring the petitioner to Mahatma Gandhi Hospital, Jodhpur. In pursuant thereto she joined duties at Mahatma Gandhi Hospital, Jodhpur. The grievance of the petitioner is that no salary has been paid to her by the respondents from the month of July 2006 to January 2007, i.e. the period for which no decision was taken by the respondents regarding her place of posting and status. A reply to the writ petition is filed on behalf of the respondents stating therein that during the period in question the petitioner was under control of Chief Medical and Health Officer, Jodhpur, therefore, she can not claim any wages from Associated Group of Hospitals. From the facts stated above it is apparent that the petitioner was relieved from Mahatma Gandhi Hospital, Jodhpur to report in the office of Chief Medical and Health Officer on 14.7.2006. The Chief Medical and Health Officer, Jodhpur did not permit her to resume duties in the office concerned. It is also apparent that uptil 17.1.2007 there was a dispute between the respondents regarding the place of posting of the petitioner and her status. In any way, so far as the petitioner is concerned, she always adhered the directions given by the respondents and she was no where at fault. In pursuant to the order dated 14.7.2006 after getting herself relieved from Mahatma Gandhi Hospital, Jodhpur she reported in the office of Chief Medical and Health Officer, but, she was not sent back to the office of Superintendent, Associated Group of Hospitals. Subsequent thereto no appropriate action was taken by any of the competent authority of the respondents regarding her posting. The petitioner did not work during the period in question but that is due to inaction and indecision on the part of the respondents, thus, irrespective of the fact that the petitioner was neither working with the Superintendent, Associated Group of Hospitals nor with Chief Medical and Health Officer, Jodhpur, it is responsibility of the Directorate of 3 Medical and Health Services, Government of Rajasthan to make payment of salary to the petitioner. The petitioner can not be denied salary because of prevailing confusion with the respondents. For the reasons stated above this petition for writ is allowed. The respondents No.1 and 2 are directed to make payment of salary to the petitioner for the period commencing from July 2006 to January 2007 within a period of two months from today. In the event of the failure to make payment of salary during the period aforesaid the petitioner shall be entitled to get interest on the arrears accrued at the rate of 11% per annum. No order as to cost. (GOVIND MATHUR), J. Jgoyal '