Nitu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2908 of 2024 ====================================================== Nitu Devi W/o Prabhu Jaisawal Resident of ward no 3 village and PostJhitkahi PS-Dhaka Dist -East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social welfare Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Social welfare Department, Govt. of Bihar, Patna. 3.

The Director, ICDS, Patna.

4.

District Magistrate, District- East Champaran (Motihari) 5.

The Child Development Project Officer, Dhaka, District- East Champaran (Motihari) 6.

The District Programme Officer (establishment), District- East Champaran (Motihari) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Shankar Choubey, Adv.

For the Respondent/s :

Mr.Government Pleader (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-03-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(I) For the issuance of appropriate writ/writs, order/orders, direction/directions in the nature of writ of Certiorari for setting aside the order dated 30.09.2023 passed in case no.26/2022 passed by the District Programme Officer, East Champaran, Motihari, whereby and whereunder the service of the petitioner from the post of Anganbari Sevika on centre no.199 ward no.3, Village-Jhitkahi, BlockDhaka, Dist-East Champaran, has been cancelled by passing the impugned order which is passed in

Patna High Court CWJC No.2908 of 2024(2) dt.07-03-2024 2/2 complete violation of the Principle of Natural Justice.

(II) For issuance of writ of Mandamus directing and commanding the respondents to restore the position of the petitioner as Anganbari Sevika on Centre No.199, ward no.3, Village-Jhitkahi, Block-Dhaka, Dist-East Champaran.

(III) For issuance of writ of Mandamus directing and commanding the respondents to make honorarium of the petitioner which is due since July 2021 which is sopped without any cogent reason and without any order of the competent authority under law."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a suit before the learned Civil Court having competent jurisdiction for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U