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The Jumla Bench of the High Court has instructed the Kaike Rural Municipality to cancel the decision within 15 days and inform within seven days if a junior employee was made the head of the health branch despite being a senior employee.
The decision was made by the joint bench of Justice Shyamji Pradhan and Kailash Gurung. While hearing the case, the Jumla Bench of the High Court decided against the rural municipality on 18 June. The full text of it came on Thursday.
Public Health Inspector Pushpa Shahi filed a case in the Jumla Bench of the High Court saying that the responsibility of the head of the health branch was given to a junior while she was a senior employee. In that case, on May 22, an order was issued to implement the judgment within 15 days . However, after the municipality did not implement the ordinance issued by the court, the writ petitioner Shahi again filed a contempt case against the municipality.
According to Jumla High Court Information Officer Tank Prasad Khatri, since the court has already decided to give responsibility to the writ petitioner Shahi, the decision has been prepared to be sent to the rural municipality and other agencies today.
In the full text of the court, it was also decided that it was not legal to give responsibility to the head of the health branch, Hari Bahadur Rokaye, who is currently in charge of the matter.
Shahi has been working in Kaike Rural Municipality since February 8, 2076. She complained that since she came to the rural municipality, there was no hearing about her responsibility.
"Since then, I was a senior, I have given a written and oral request that I should be given the responsibility, but the responsibility was given to someone younger than me," Shahi lamented.
She said that she went to knock on the door of the court in search of justice after the responsible staff and people's representatives of the rural municipality said that no matter what agency they approached, they would not be held accountable.
Shahi had filed a case against Kaike Rural Municipality, the then Acting Chief Administrative Officer Jakjan Parajuli and Health Branch Chief Rokay .
In the full text of the judgment, it is mentioned that there is a legal provision that the senior staff should be responsible in Schedule 3 of Rule 7 of the Health Service Regulations 2055 . Bhojraj Joshi, Acting Chief Administrative Officer of the Rural Municipality said that the Rural Municipality has filed a writ in the Supreme Court to get the High Court Jumla order repeated. He said that only on the basis of the decision of the Supreme Court will it be known whether the higher order will be implemented or not.
