The court upheld the validity of the revised guidelines issued by the Bihar State Health Society, which provided for the discharge of an Asha Worker upon being elected as a Member of the Panchayat/Ward Member or to an office of a public representative.

ORDER :

1. Heard learned counsel for the petitioner, Mr. Ravi Kumar, learned AC to GP-13 for the State and Mr. K.K. Sinha, learned counsel for the Bihar Health Society.

2. The petitioner, in the present case, is seeking the following reliefs:-

“(i) To issue an appropriate writ, order, direction in the nature of certiorari for quashing the memo no. 713 dated 28.07.2022 issued under the signature of Civil Surgeon cum Member Secretary, District Health Society, Samastipur by which the petitioner has been removed from the post of Asha Worker/ Facilitator on account of her being elected as member of Gram Panchayat.

(ii) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to reinstate the petitioner on the post of Asha Worker/Facilitator of Panchayat Patauli East, Block-Ujiyarpur from the date of her termination with all consequential benefits.

(iii) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to pay the remaining portion of the salary of the petitioner, from the date of termination till the date of her resuming the service and other benefits entitle in accordance with law.

(iv) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents not to fill the post of Asha Worker/Facilitator of Panchayat Patauli East, Block-Ujiyarpur during the pendency of this writ application.

(v) To any other relief for which the petitioner appears to be found entitled by the Hon’ble Court.”

3. The facts of the case are not in dispute. The petitioner was appointed as an Asha Worker/Facilitator by the Mukhiya of the Gram Panchyat of Patauli East, Samastipur in its meeting dated 03.01.2006 in the premises of the Panchayat Bhawan. It is the case of the petitioner that by virtue of Annexure ‘1’ and ‘1A’ to the writ application, the petitioner came to be appointed as Asha Worker and since then she is working.

4. The petitioner contested election of the Ward Member of the Gram Panchayat Patauli East, Block– Ujiyarpur and became a successful candidate and was issued the certificate as contained in Annexure ‘3-A’ on 03.06.2016. She again contested the election in the year 2021 and once again got elected which is evident from her certificate issued by the Election Officer on 10.10.2021 as contained in Annexure ‘3’ to the writ application.

5. By the time the petitioner contested second time, the Bihar State Health Society (hereinafter referred to as “the Society”) had come out with Letter No. 956 dated 22.05.2020 whereby the guidelines earlier issued vide Annexure ‘2’ to the writ application was revised. The revised guidelines as contained in Annexure ‘6’ to the writ application inter alia provides as follows:

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