Rohini Kumari @ Smt. Rohini Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2820 of 2024 ====================================================== Rohini Kumari @ Smt. Rohini Kumari Wife of Sandeep Kumar Sharma Resident of Village- Gahiri Kothi, Ward no. 9, P.S.-Nautan, District-West Champaran (Betiah).

... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, Social Welfare Department, Government of Bihar, Patna.

3.

The Director, Directorate of Integrated Child Development Services, Social Welfare Department, Bihar, Patna.

4.

The Commissioner, Tirhut Division, Muzaffarpur 5.

The District Magistrate, West Champaran at Bettiah 6.

The District Programme Officer, ICDS, West Champaran at Bettiah. 7.

The Child Development Project Officer, Nautan, P.S.-Nautan West Champaran.

8.

The Lady Supervisor, Chanpatiya, West Champaran-Cum-Member Secretary Special Aam Sabha.

9.

Juhi Kumari Wife of Mannohan Prasad Resident of Village-Gahiri, Ward No. 8, P.O.-Victoriya Mission, P.S.-Nautan, District-West Champaran (Betiah).

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

For the Petitioner/s :

Mr.Arbind Kumar Singh, Adv.

For the Respondent/s :

Mrs.Binita Singh, SC-28 ====================================================== 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 issuance of a writ in the nature of Certiorari or any other appropriate writ, order or direction for quashing the order dated 05.10.2023 passed by the Commissioner, Tirhut Division, Muzffarpur in I. C. D. S. Revision Case No. 145/2023 whereby he has found illegality in the

Patna High Court CWJC No.2820 of 2024(2) dt.07-03-2024 2/3 order passed by the District Programme Officer, ICDS, West Champaran at Bettiah and he has been pleased to set aside the same but in spite of giving direction to reinstate the Petitioner in place of Respondent No. 9, pleased to direct to take a fresh selection procedure for appointment of Anganwari Sevika/Sahayika of Centre no. 141 under Panchayat Raj Gahiri, ward no. 9, Block Nautan, West Champaran in accordance with law.

(ii) For issuance of a writ in the nature of Certiorari or any other appropriate writ, order or direction for quashing the order dated 03.4.2023 passed by the District Programme Officer, ICDS, West Champaran at Bettiah in ICDS Appeal No. 40/2022 by which the selection and appointment of the Petitioner has been cancelled and directed to issue an appointment letter to respondent no. 9, within 3 days, which is also illegal, arbitrary and against the law of natural Justice.

(iii) For issuance of a writ in the nature of Mandamus or any other appropriate writ, order or direction directing the respondents to reinstate the Petitioner on her post of Anganwari Sevika of Centre no. 141 under Panchayat Raj Gahiri, ward no. 9, Block Nautan, West Champaran and to grant her all consequential benefits."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks

Patna High Court CWJC No.2820 of 2024(2) dt.07-03-2024 3/3 liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil 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