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Patna High CourtCWJC/5110/2021disposed

Punam Kumari @ Punam Devi v. The State Of Bihar

2022-02-02Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5110 of 2021 ====================================================== Punam Kumari @ Punam Devi Wife of Vijay Kumar Mandal Resident of Village- Devri, Maheshpur, P.S.- Banshipur (Kahalgaon), District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Govt. of Bihar, Patna. 2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Principal Secretary, Welfare Deptt., Govt. of Bihar, Patna. 4.

The District Magistrate, Bhagalpur, Patna.

5.

District Programme Officer, Bhagalpur.

6.

District Welfare Officer, Bhagalpur.

7.

Children Development Project Officer (C.D.P.O.), Kahalgaon, Bhagalpur. 8.

Children Development Project Officer (C.D.P.O.), Kahalgaon, Bhagalpur. 9.

Ruby Devi wife of Ram Krishna Kumar @ Krishnadev Mandal Resident of Village- Ward No. 14, Devri Maheshpur, Gram Panchayat, Banshipur, P.O.- Shobhnathpur, P.S. Kahalgaon, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar Sinha For the Respondent/s :

Ms. Kumari Amrita, GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 02-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accept notice for respondent nos. 1 to 8. Service of notice to respondent no. 9 is dispensed since no adverse order is passed against her.

3. In the instant petition, petitioner has prayed for following reliefs:

"1. That petitioner invoke the writ jurisdiction of this Hon'ble Court for direction/directions, order/orders, relief/reliefs for the following:

I. For Command and direction to the respondent to issuing the appointment

Patna High Court CWJC No.5110 of 2021 dt.02-02-2022 2/2 letter of petitioner to the post of Aganbadi Sevika, in the ward No. 13, Panchayat Banshipur, center Devri, Maheshpur, center no. 122 situated at Kahalgaon, Bhagalpur in compliance of order dated:- 23.09.2020, vide misc. (Aaganwari, case no:- 60/2019-20) Passed by the District Programme Officer, Bhagalpur, immediately.

II. To quash the supplementary order dated:- 12.10.2020, Passed by District Programme Officer Bhagalpur, by which he has modified his order which is against the law vide misc. (Aganwadi, case no:- 60/2019-20).

III. After quashing the Supplementary order direct the respondent to issue appointment letter to the petitioner and subsequently appoint the petitioner to the post of Aganwadi Sevika, in the Panchayat, Banshipur center Devri, Maheshpur, center No. 122, ward no. 13 under Kahalgaon, Bhagalpur.

IV. For which petitioner is entitled for."

4. Concerned respondent is hereby directed to pass speaking order on petitioner's representation, stated to have been filed on 10.10.2020 after giving ample opportunity of hearing to respondent no. 9- Ruby Devi and petitioner. The above exercise shall be completed within a period of three months from the date of receipt of this order.

5. With the aforesaid observations, the instant petition stands disposed of.

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