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. 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. 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: 7- vk'kk dks p;ueqDr djus ds fy;s dh tkus okyh vuq'kklukRed dkjokbZ jk"Vªh; xzkeh.k LokLF; fe'ku ds varxZr vk'kk dk;Zdze 2005 esa vkjEHk dh x;h Fkh vkSj ftlds fØ;kUo;u dks yxHkx 13 o"kZ gks pqds gSaA iz[k.Mksa vkSj ftyksa ls izkIr izfrosnu ds leh{kksijkar ;g Kkr gqvk fd dqN vk'kk visf{kr dk;Z ugha dj jgh gSa& ¼1½ vk'kk }kjk vk¡xuokM+h lsfodk@lgkf;dk] f'k{kk fe= vFkok fdlh vU; ukSdjh esa pys tkukA ¼2½ ,0 ,u0 ,e0 ,oa LokLF; foHkkx ds dfeZ;ksa dk iw.kZ lg;ksx u feyus ds dkj.kA ¼3½ vkfFkZd :i ls vR;f/kd lEiUu ifjokjksa ls gksus ds dkj.kA ¼4½ vk'kk dk dk;Z djrs gq;s ;fn og eqf[k;k] ljiap] iapk;r lfefr ds lnL;@okMZ lnL;@uxj fudk; esa izfrfuf/k@ftyk ifj"kn ds lnL;@vU; tu izfrfuf/k ds :i esa ;k vU; fdlh Hkh ykHk ds in ij fuokZfpr@p;fur gks tk;k djrh gSA ¼5½ vU; vkSj vifjgk;Z dkj.kksa ls dk;Z djus ds fy;s bPNqd ugha gksukA mijksDr dkj.kksa dks laKku esa ysrs gq;s fuEufyf[kr funsZ'k fn;s tk jgs gSa ¼1½ vk'kk }kjk dk;Z NksM+dj tkus ds le; mlls fyf[kr vkosnu ys fy;k tk;s fd og LosPNk ls dk;Z NksM+ jgh gS@dk;Z djus dks bPNqd ugha gS rFkk Hkfo"; esa vk'kk ds in ij mldk dksbZ nkok ugha gksxkA vk'kk }kjk lefiZr fyf[kr i=@vkosnu dks lacaf/kr ,0 ,u0 ,e0 }kjk lR;kfir fd;k tk;s rnksijkUr izHkkjh fpfdRlk inkf/kdkjh }kjk izfr gLrk{kfjr dj i=@vkosnu dh izfr dks izkFkfed LokLF; dsUnz ij i=koyh esa lqjf{kr j[kk tk,A iz[k.M ls bl rjg dh vk'kk dh lwph rS;kj dj mUgsa p;ueqDr djrs gq;s ubZ vk'kk dk p;u izHkkjh fpfdRlk inkf/kdkjh] izkFkfed LokLF; dsUnz ,oa lacaf/kr xzke iapk;r ds eqf[k;k }kjk p;ueqfDr esa 21 fnuksa ds vUnj vke lHkk cqykdj ekxZnf'kZdk ds vuqlkj lqfuf'pr djsaxsA ¼2½ tks vk'kk ,0 ,u0 ,e0 ,oa LokLF; foHkkx ds dfeZ;ksa dk lg;ksx u feyus ds dkj.k dk;Z ugha dj ik jgh gS ,slh fLFkfr esa iz[k.M@ftyk lkeqnkf;d mRizsjd }kjk vk'kk ,oa ,0 ,u0 ,e0 dh ekfld cSBd esa Hkkx ysdj izHkkjh fpfdRlk inkf/kdkjh ds lg;ksx ls bl leL;k dk fujkdj.k djkus dk iz;Ru fd;k tkuk gSA ,slh vk'kk dks gVkus ds cnys muls dk;Z fd;s tkus gsrq izksRlkfgr djrs gq;s vxzrj dkjokbZ dh tkuh gSA ¼3½ dqN vk'kk tks vkfFkZd :i ls vR;f/kd lEiUu ifjokjksa ls gSa vkSj dk;Z djus dks bPNqd ugha gSa] rks oSlh vk'kk ls iz[k.M@ftyk lkeqnkf;d mRizsjd }kjk okrkZ dj oLrqfLFkfr dh tkudkjh izkIr dh tkuh gS ,oa muls fyf[kr vkosnu ysrs gq;s mls vius eUrO; ds lkFk lacaf/kr izHkkjh fpfdRlk inkf/kdkjh dks gLrxr djk;saxsA iz[k.M ls bl rjg dh vk'kk dh lwph rS;kj dj mUgsa p;ueqDr djrs gq;s ubZ vk'kk dk p;u izHkkjh fpfdRlk inkf/kdkjh] izkFkfed LokLF; dsUnz ,oa lacaf/kr xzke iapk;r ds eqf[k;k }kjk 21 fnuksa ds vUnj vke lHkk cqykdj vk'kk ds p;u@p;ueqfDr ls lacaf/kr ekxZnf'kZdk dk vuqikyu djrs gq;s djsaxsA ¼4½ dgha dgha vk'k dk;ZdÙkkZ eqf[k;k] ljiap] iapk;r lfefr ds lnL;@okMZ lnL;@uxj fudk; esa izfrfuf/k@ftyk ifj'kn ds lnL;@vU; tu izfrfuf/k ds :i esa ;k vU; fdlh Hkh ykHk ds in ij fuokZfpr@p;fur gks tk;k djrh gS rks ,slh vk'kk dks ekxZnf'kZdk dk vuqikyu djrs gq, p;ueqDr fd;k tk;sxkA** 6. In terms of the aforementioned guidelines, the petitioner was served with a show cause notice as contained in Annexure ‘4’ to the writ application. She submitted her reply to the show cause notice vide Annexure ‘5’ to the writ application. Her contention was that the State Election Commission has permitted Asha Worker to contest election of the Panchayat and both the posts are to render public service, therefore, she should be allowed to continue as Asha worker while retaining her position as Member of the Ward. 7. The Civil Surgeon -cum-Member Secretary, District Health Society, Samastipur considered the reply of the petitioner to the show cause and taking note of the guidelines issued by the State Health Society, Bihar, Patna as contained in Letter No. 956 dated 22.05.2020 which in turn refers to sub-paragraph (iv) of paragraph ‘7’ of the revised guidelines, discharged the petitioner from the post of Asha Worker. 8. Learned counsel for the petitioner has assailed the order of discharge as contained in Memo no. 723 dated 28.07.2022 (Annexure 7 to the writ application) on the ground that the petitioner having been elected as a Member of the Panchayat cannot be said to be holding an office of profit, therefore, she would not be covered under sub-paragraph (iv) of paragraph ‘7’ of the revised guidelines. 9. Learned counsel for the State as well as learned counsel for the State Health Society have jointly opposed this application. It is submitted that the revised guidelines as contained in Annexure ‘6’ to the writ application, though does not prohibit an Asha Worker from contesting election of the Gram Panchayat, the guidelines have made it very clear that in case an Asha Worker gets elected as a Member of the Panchayat/Ward Member or to an office of a public representative, she would be covered under subparagraph (iv) of paragraph ‘7’ of the guidelines. Holding of an office of profit by way of election or selection would also be a ground to be discharged from the post of Asha Worker. It is, thus, his submission that there is no conflict between the revised guidelines and the notification of the State Election Commission. The petitioner being covered under the guidelines of the State Health Society has been rightly discharged from the post of Asha Worker. 10. It is, thus, his submission that there is no conflict between the revised guidelines and the notification of the State Election Commission. The petitioner being covered under the guidelines of the State Health Society has been rightly discharged from the post of Asha Worker. 10. Having heard learned counsel for the petitioner and learned counsel for the State as also on perusal of the records, this Court finds that sub-paragraph (iv) of paragraph ‘7’ of the revised guidelines (Annexure ‘6’) is crystal clear. The petitioner having been elected as a Member of the Gram Panchayat has rightly been discharged from the post of Asha Worker. The principles of natural justice has also been duly complied with. 11. This Court, therefore, finds no reason to proceed with this writ application. It is dismissed, accordingly.