IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7614 of 2006 GITA KUMARI, WIFE OF RAM KISHORE CHOUDHARY, RESIDENT OF VILLAGE MASAHI, POLICE STATION MAJOR GANJ, DISTRICT SITAMARHI……..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, HEALTH, MEDICAL EDUCATION & FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY SECRETARY, HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA 4. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA 5. THE DEPUTY DIRECTOR, HEALTH SERVICES, BIHAR, APTNA 6. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, SITAMARHI 7. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, MAJOR GANJ, SITAMARHI…………………………………………….RESPONDENTS ----------- 2. 09.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has filed this writ application for quashing of the order dated 10.4.2006 as contained in Annexure-4 by which, on the ground that the petitioner had not passed Hindi Noting & Drafting Examination, an amount of Rs.1,20,197/- has been sought to be recovered from her salary in one instalment. Learned counsel for the petitioner submits that petitioner was not given any opportunity to show that she had passed the Hindi Noting & Drafting Examination after the same was made compulsory again by another letter of the - 2 - Government dated 5.5.2005, therefore, payment made to petitioner could not be held to be illegal and it was not recoverable from her. He submits that prior to 5.5.2005 there was not mandatory requirement of passing of the Hindi Noting & Drafting Examination for the A.N.Ms. He submits that as soon as it became compulsory, petitioner had passed the examination in 2005 itself. He submits that petitioner should be given opportunity to file a petition before respondent no.6, Civil Surgeon-cum-Chief Medical Officer, Sitamarhi for re-consideration of the matter of the petitioner in view of the fact that she had passed Hindi Noting & Drafting Examination in November, 2005 soon after it became compulsory with effect from 5.5.2005. In the circumstances, this writ application is disposed of with a liberty to the petitioner to file a representation before the respondent no.6, Civil Surgeon-cum-Chief Medical Officer, Sitamarhi for review and recall of the impugned order as contained in Annexure-4, in the light of the stand of the petitioner, as noticed above, within one month from today. In case such a representation is filed by the petitioner before - 3 - the Civil Surgeon-cum-Chief Medical Officer, Sitamarhi, he shall examine the claim of the petitioner and if he is satisfied that petitioner had complied with the requirements of letter dated 5.5.2005 in this regard, he shall pass appropriate orders for recall of the order as contained in Annexure-4 by which an order of recovery has been passed against the petitioner. The said Civil Surgeon shall complete this exercise within two months from the date of filing of the representation. The writ application is, accordingly, disposed of. B.T (J.N. Singh, J.)