Patna High CourtCWJC/3390/2019disposed

Aabada Khatoon v. The State Of Bihar And ORS

2019-02-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3390 of 2019 ====================================================== Aabada Khatoon W/o Gaffar Miyan Resident of Village and P.O. and P.S.- Dinara, District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

2. The Director Integrated Child Development Scheme, Social Welfare Department, Govt. of Bihar, Patna.

3. The District Magistrate, Rohtas at Sasaram.

4. The Deputy Development Commissioner, Rohtas at Sasaram.

5. The District Programme Officer, ICDS Rohtas at Sasaram.

6. The Block Development Officer, Block Dinara, District- Rohtas at Sasaram.

7. The Child Development Programme Officer, Block- Dinara, District- Rohtas at Sasaram.

8. Smt. Kavita Kunwar W/o Late Satendra Singh R/o Village and P.O. and P.S. Dinara, District- Rohtas at Sasaram.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Md. Jubair Ansari, Advocate For the Respondents :

Ms. Kumari Amrita (GP-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 22-02-2019 Heard the learned counsel for the petitioner and the State.

2. The petitioner, who is one of the applicants for being appointed on the post of Aanganwari Sahayika, is aggrieved by the appointment of Private Respondent No. 8 on the aforesaid post.

3. Aggrieved by such appointment, the petitioner had approached this Court vide CWJC No. 16768 of 2017. A bench of this Court vide order dated 01.05.2018 directed the petitioner to file an appeal against the order dated 28.07.2017 passed by the District Programme Officer, ICDS Rohtas at

Patna High Court CWJC No.3390 of 2019 dt.22-02-2019 2/2 Sasaram before the District Magistrate, Rohtas at Sasaram who is the second appellate authority. Instead of following the orders of this Court and challenging the order of the District Programme Officer, ICDS Rohtas at Sasaram, before the District Magistrate, Rohtas the petitioner again preferred a representation/complaint before the District Programme Officer, ICDS Rohtas at Sasaram. Surprisingly the District Programme Officer, ICDS Rohtas at Sasaram has entertained the aforesaid petition despite his having been made known the directions passed by this Court.

4. Learned counsel for the petitioner, after some arguments, seeks permission to withdraw this petition in order to enable the petitioner to approach the District Magistrate, Rohtas at Sasaram for challenging the order of the District Programme Officer, ICDS Rohtas at Sasaram afresh.

5. In case such an appeal is filed, the District Magistrate, Rohtas at Sasaram shall dispose of the appeal within a reasonable period of time, preferably within a period of six weeks, on receipt of such application.

6. With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.02.2019 Transmission Date