LAWS(GAU)-2004-3-62

SMITA CHAKRABORTY Vs. STATE OF ASSAM

Decided On March 15, 2004
SMITA CHAKRABORTY Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel for the petitioner, Mr. Talukdar, learned Govt Advocate and Mr. B. Banerjee, learned counsel for respondent No.7.

(2.) The case of the petitioner Smita Chakraborty is that she had joined the post of Auxiliary Nurse-cum-Midwife (for short ANM) in the year 1988 and since then she has been working. While she was working as ANM at Karimganj Civil Hospital, she was directed to take charge of the post of Lady Health Visitor (for short LHV) in the said hospital and the petitioner has, therefore, approached this Court for a direction to the respondents to pay her the salaries of the post of LHV as she is discharging the duties of LHV. The petitioner has also prayed for a Mandamus directing the respondent authorities to promote the petitioner to the post of LHV.

(3.) The respondent-State has filed an affidavit-in-opposition stating inter alia that for promotion to a higher post of LHV, an ANM is required to successfully complete the LHV training at RHTC, Chabua for a period of six months. As the petitioner did not undergo or complete the said training her claim for promotion cannot be considered. It is further submitted that the petitioner was never promoted to the post of LHV and as such the petitioner is not entitled to any relief.