The reference to us is occasioned by the difference of opinion by a Learned Single Judge with an order passed by a coordinate Bench, opining that the direction for payment of back wages in the latter was contrary to the express prohibition ordered by another Learned Single Judge in the earlier litigation.

2. The petitioner was appointed as an Auxiliary Nurse Midwife on 18.2.1980. Her services were terminated on 27.6.2003 on the ground that her registration in the Nursing Council was subsequent to the date of appointment. CWJC No. 9066 of 2003 preferred by her was allowed on 8.9.2003 by a Learned Single Judge along with a batch of similar cases led by CWJC No. 4702 of 2003, (2003) 4 PLJR 282 (Sitendra Kumar Singh vs. State of Bihar) . The Court did not examine the order of termination on merits. It was held that termination after such long period of time was not equitably justified even if the appointment was not strictly in accordance with law. It was however directed that no salary shall be payable for the period not actually worked. LPA No. 492 of 2005 was preferred by the State. It was heard and disposed on 26.6.2006 along with a batch of analogous Appeals led by LPA No. 9