Chanchala Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5178 of 2016 ====================================================== Chanchala Kumari wife of Akhilesh Mistri resident of village- Rajbara Khurd, P.S.- Atri, District- Gaya .... .... Petitioner

Versus

1. The State of Bihar through the Collector, Gaya

2. The District Programme Officer, Gaya

3. The Child Development Project Officer, Mohra, Gaya

4. Chinta Devi Wife of Anuj Kumar, resident of village- Rajbara Khurd, P.S.- Atri, District- Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Adv. For the Respondent/s : Mr. Sarvesh Singh, AAG13 Mr. Puneet Siddhartha, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 05-03-2018 Heard learned counsel for the parties.

The appointment of the petitioner to the post of Anganwari Sevika, Centre Rajabara Khurd West, Block Mohra, in the district of Gaya was challenged by the private respondent in Case No. 55/2015 and the challenge was upheld by the District Programme Officer, Gaya, who vide order bearing Memo No. 1936 dated 21.12.2015 terminated the appointment of the petitioner.

It is admitted by the learned counsel for the parties that feeling aggrieved by the order of the District Programme Officer that the petitioner has filed a statutory appeal bearing Anganwari Appeal Case No. 4/2016 which is pending consideration before

Patna High Court CWJC No.5178 of 2016 (2) dt.05-03-2018 the District Magistrate, Gaya.

Although paragraph 6 of the counter affidavit reflects that the hearing was initiated but the learned counsel for the State is not in a position to inform the outcome thereof. In the circumstances noted and where admittedly a statutory appeal has been filed by the petitioner bearing Anganwari Appeal Case No. 4/2016 which is pending before the District Magistrate, Gaya, I deem it proper to direct the District Magistrate, Gaya to consider and dispose of the same in accordance with law after giving opportunity of hearing to the petitioner as well as private respondent expeditiously and preferably within a period of three months from the date of receipt/ production of a copy of this order in case the appeal has not yet been disposed of.

The writ petition is disposed of accordingly. (Jyoti Saran, J) Surendra/- U