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Jumla Bench of Surkhet High Court has issued a verdict against Kaike Rural Municipality of Dolpa in the case of assigning the responsibility of health branch head to a junior despite being a senior employee.
In that case, the court had issued a mandate to execute the judgment within 15 days on May 22. Pushpa Shahi, the writ petitioner, filed a contempt of court case after the rural municipality did not implement the mandate. While hearing the case, the Jumla bench decided against the rural municipality on June 18 and the full text has come.
in full text Public health inspector Pushpa Shahi is a senior employee, junior employee Hari Bahadur Rokay has been made head of the health branch within 15 days and the joint bench of Judge Shyamji Pradhan and Kailash Gurung has decided on behalf of the rural municipality to inform within seven days.
In the full text of the court, it has also been decided that it is not legal for the rural municipality to give responsibility to Rokay, the head of the health branch, who is currently in charge.
Shahi has been working in Kaike Rural Municipality since February 8, 2076. She complained that since she came to the rural municipality, she has not been asked to be given responsibility. Since then, I was a senior, I have given a written and oral request that I should be given responsibility, but the responsibility was given to someone younger than me, she said. He said that he went to the court in search of justice after the responsible employees of the municipality and people's representatives told him that no matter what body he approached, he would not be held accountable.
Shahi had filed a case against Kainke Rural Municipality, the then Acting Chief Administrative Officer Jakjan Parajuli and Health Branch Chief Hari Bahadur Rokay.
In the full text of the judgment, it is mentioned that according to Schedule 3 of Rule 7 of the Health Service Regulations 2055, it is a legal arrangement that the senior staff should be responsible.
Bhojraj Joshi, acting chief administrative officer of the rural municipality, said that the rural municipality has filed a petition in the Supreme Court to get the order of the High Court Jumla repeated.
