Shakuntala Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2386 of 2019 ====================================================== Shakuntala Kumari W/o Sunil Paswan Vill and Panchayat- Morsand, TolaMalpur, P.o.-Birouli R.I., P.s.-Pusa, Distt.-Samastipur ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Social Welfare Department, Govt. of Bihar at Patna

2. The District Magistrate Samastipur

3. The Child Development Project Officer (CDPO) Pusa, Samastipur

4. The Sub-Divisional Officer Samastipur

5. The Block Development Officer Pusa, Samastipur

6. Priti Kumari W/o Ravi Kumar Ravi Vill and Panchyat- Morsand, TolaMalpur, P.o.-Birouli R.I., P.s.-Pusa, Distt.-Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr.Diwakar Upadhyaya, Adv.

For the Respondent/s :

Mr.Prashant Pratap (GP-2) Mr. Asit Kumar Jha, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 18-02-2019 Heard Mr. N. K. Agrawal, learned senior advocate for the petitioner and Mr. Asit Kumar Jha, A.C. to G.P.-2.

The petitioner is aggrieved by the appointment of private respondent no. 6 on the post of Anganbari Sewika in Morsand Panchayat in the district of Samastipur. The petitioner has laid a claim that private respondent no. 6 has wrongly been appointed because

Patna High Court CWJC No.2386 of 2019 dt.18-02-2019 2/3 one of her relatives is employed in government service and according to the rules governing the Anganbari Sewika/Sahayika, no person whose next kith and kin is a government servant is to be considered for the purposes of appointment as Anganbari Sewika. However, Mr. Agrawal, learned senior advocate submits that a complaint has already been filed before the District Programme Officer Samastipur, but it has not yet been acted upon. It has been submitted that notices were issued by the District Programme Officer, Samastipur to her as well as private respondent no. 6, but no decision has been taken.

In order to speed up the whole process, this court directs the petitioner to make a fresh application before the District Programme Officer, Samastipur within a period of four weeks from today. On receipt of such representation, the District Programme Officer, Samastipur shall hear the parties, especially the petitioner and private respondent no. 6 and shall pass a

Patna High Court CWJC No.2386 of 2019 dt.18-02-2019 3/3 reasoned order in accordance with law within a period of six weeks thereafter.

In case the petitioner is aggrieved by the order passed by the District Programme Officer Samastipur, she would have the liberty to approach the Collector Samastipur thereafter.

With the aforesaid direction/observation, the writ petition is dismissed.

(Ashutosh Kumar, J) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.02.2019 Transmission Date