S.J.MUKHOPADHAYA, J. - (1.) THE petitioner who claims to be a health worker under the Health Department of State of Jharkhand, has prayed for following relief : (i) to quash the order of punishment contained in letter dated 8th July, 2002 (Annexure -8) passed by the Civil Surgeon -cum -Chief Medical Officer, Deoghar whereby the punishment of stoppage of one increment has been inflicted. (ii) to direct the respondents to pay her the subsistence allowance for the period from 8th November, 2001 to 7th July, 2002. (iii) to direct the respondents to pay her the salary for the months of February, 2000; October, 2000; January, 2001; February, 2001; February, 2003 and from November, 2003 to February, 2004, and (iv) to direct the respondents to pay her the amounts towards earned leave from 27th July, 2001 till 10th August, 2001 and from 21st March, 2003 to 1st May, 2003.
(2.) SO far the first i.e. the prayer against the order of punishment dated 8th July, 2002 is concerned, there being a forum of appeal, this Court is no inclined to interfere with the same. Even at this belated stage, the petitioner is given liberty to prefer an appeal before the appellant authority. If any appeal is preferred by the petitioner before the Secretary, Health Department, Jharkhand within two months, the said authority will decide the appeal preferably within a period of four months from the date of receipt of appeal. So far as the salary and subsistence allowance for the period, as referred above, are concerned, the petitioner is given liberty to represent before the Civil Surgeon -cum -Chief Medical Officer. Deoghar who will decide the claim by as reasoned order within a period of three months from the date of receipt of representation. If any amount is found payable, the authority will pay the same within a period of four months from the date of representation.
(3.) SO far payment of earned leave is concerned that question does not arise at this stage petitioner may represent before the Civil Surgeon -cum -Chief Medical Officer, Deoghar to treat the period from 27th July. 2001 till 10th August, 2001 and from 21st March, 2003 to 1st May, 2003 towards earned leave.;