IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1842 of 2008 SHAIL KUMARI, wife of Rama Kant Sharma, resident of village-Daidi, P.S.-Ghosi, District-Jehanabad. ……..Petitioner Versus 1. The State of Bihar 2. The Secretary, Department of Health, Government of Bihar, New Secretariat, Patna. 3. The Director in Chief, Health Services, Government of Bihar, Patna. 4. The Deputy Director, Health Services, Government of Bihar, Patna. 5. The Civil Surgeon-cum-Chief Medical Officer, Jehanabad. 6. Dr. A.K. Srivastava, Incharge, Medical Officer, Primary Health Centre, Ghosi, District-Jehanabad. 7. The Collector-cum-Districrt Magistrate, Jehanabad. 8. The Incharge, Officer, District Development Wing, Jehanabad. ……..Respondents. ----------- 04. 08.12.2010 The present writ application has been filed for direction to respondent No. 6 to accept the petitioner’s joining at Primary Health Centre, Ghosi as Lady Health Visitor in view of the order of stay of transfer as contained in Annexures-2 & 3 and further for payments of salary and other consequential dues since July, 2007. Since, the petitioner has retired on 31.01.2008, hence now the relief is confined only to payments of salary and other consequential benefits. Petitioner was initially appointed as Auxiliary Nursing Mid Wife (ANM) in the year 1970 and thereafter she was subsequently promoted to the post of Lady Health Visitor. The Memo No. 1401 dated 26.09.2007, 2 issued by the Civil Surgeon-cum-Chief Medical Officer, Jehanabad contained in Annexure-A to the counter affidavit, reflects that the Lady Health Visitors and Auxiliary Nursing Mid Wife, who remained posted for the last ten years at one place, were transferred. In the said transfer order, the petitioner’s name appeared in the column of Lady Health Visitor at serial No. 2 whereby petitioner was transferred from Primary Health Centre, Ghoshi to Primary Health Centre, Okri. It is submitted by learned counsel for the petitioner that the order of transfer issued on 29th of June, 2007 was never served to the petitioner, but since it was a general transfer, when she came to know, she made representation on the ground of her retirement which was due within seven months i.e. on 31.01.2008. The said representation, as it appears from Annexure-2, was forwarded by the In-charge, Medical Officer, Primary Health Centre, Ghosi to Civil Surgeon. The Civil Surgeon-cum-Chief Medical Officer, Jehanabad, vide Memo No 1863 dated 23.08.2007 stayed the transfer of the petitioner on the ground that she was going to retire in January, 2008 (vide Memo No 2344 dated 10.10.2007) The Civil Surgeon-cum- Chief Medical Officer, Jehanabad directed the In- charge-Medical Officer, Primary Health Centre, Ghosi 3 to implement the order of stay and allow the petitioner to work at Ghosi. The said letter was transmitted to the In-charge, Medical Officer, Ghosi but it appears that the In-charge, Medical Officer, Ghosi did not allow the petitioner to work. The petitioner also represented before the District Authority and the District Authority vide letter No. 1151 dated 13.11.2007 contained in Annexure-5 asked for an explanation from the In- charge, Medical Officer, Ghosi with regard to the representation filed by the petitioner. It appears that the said letter was received in the office of in-charge, Medical officer, Ghosi on 21.11.2007 but the In- charge, Medical Officer, Ghosi chose not to submit any explanation. Subsequently, vide Memo No. 2947 dated 26.12.2007 contained in Annexure-F to the counter affidavit, the Civil Surgeon-cum-Chief Medical Officer, Ghosi vacated the order of stay and made the transfer order effective from the date of its issuance. It is submitted by learned counsel for the petitioner that this order of vacating the stay was never served on the petitioner, moreover no averment was made in the counter affidavit that it was ever served to the petitioner. Ultimately the petitioner came to retire on 31.01.2008. In the counter affidavit, contention has 4 been raised that petitioner and his family members tried to manhandle the In-charge, Medical Officer, Ghosi. It is also contended that in pursuance to the transfer, the LPC was issued and vide Annexure-8, the service book was tried to be transmitted to the transferred place at Okri and Annexure-H to the counter affidavit dated 25.01.2008 suggests the endorsement dated 04.02.2008 by some employee of Primary Health Centre, Ghosi to the effect that personnel of the Primary Health Centre Okri refused to accept the service book since petitioner never joined Okri but obviously the said endorsement was made after retirement of the petitioner. From perusal of the documents on record, it appears that the petitioner’s transfer was stayed on recommendation of In-charge, Medical Officer, P.H.C., Ghosi but in spite of stay order passed by the Civil Surgeon-cum- Chief Medical Officer, Jehanabad, the In-charge, Medical Officer, Ghosi, for reasons best known to him, did not allow the petitioner to function. Obviously the transfer order was stayed vide Annexure-2 and vide Annexure-3, the In-charge, Medical Officer, Ghosi was directed to allow the petitioner to work, hence petitioner is entitled for her salary till 26.12.2007 because she was deemed to be in 5 service at Primary Health Centre, Ghosi till that date and if petitioner could not work, she cannot be held responsible. So far as for the period 27.12.2007 to 31.01.2008 is concerned, that period may be adjusted against the leave of the petitioner, but as regards continuity of service, the entire period till the date of the retirement will be treated in service. Let the Authority make the payments of the arrear of salary and all consequential financial benefits to the petitioner in accordance with law treating her to have retired on 31.01.2008. It is made clear that there is nothing on record to suggest that petitioner ever joined at Okri, hence she will deem to have retired from the Primary Health Centre, Ghosi. Let the Authority comply the order within a period of six months. With the aforesaid observations, the application stands allowed. Shageer (Dinesh Kumar Singh, J.)