Kalawati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12782 of 2018 ====================================================== Kalawati Devi W/o Sri Sanjay Dubey, R/o Vill.- Manipur, P.O.- Doiyan, P.S.- Dinara Bhanas O.P., District- Rohtas.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Department of Welfare, Government of Bihar, Patna.

3.

The Director , ICDS, Government of Bihar, Patna. 4.

The District Magistrate, Rohtas, Sasaram.

5.

The District Programme Officer Establisment, ICDS, Rohtas, Sasaram. 6.

The Child Development Project Officer, Kochas Block, Kocha, Rohtas. 7.

The Mahila Supervisor, Aanganwari, Kanjar Gram Panchayat, Kochas Block, Kochas, Rohtas.

8.

Radhe Shyam Dubey S/o Sri Sudarshan Dubey, Ward member from ward No. 11, Kanjar Gram Panchayat, R/o Vill.- Mainpur, P.O.- Doiyan, P.S.- Dinara Bhanas O.P., District- Rohtas.

9.

Jyoti Bhardwaj W/o Rahul Bhardwaj, R/o Vill.- Manipur, P.O.- Doiyan, P.S.- Dinara Bhanas O.P., District- Rohtas , Presently residing at 115, Green Park Extension Nagal, Jaisa Bhhra, Ward No. 2, Jaipur, Rajasthan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Narayan singh, Adv.

For the State :

Mr. Gyan Prakash Ojha (GA-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed challenging the appointment of private respondent no.9 in Ward No.11, Village- Manipur under Kanjar Gram Panchayat, Block-

Patna High Court CWJC No.12782 of 2018(2) dt.05-08-2024 2/3 Kochas, District- Rohtas on the post of Anganbari Sevika.

3. Learned counsel for the petitioner submits that the said appointment of private respondent no.9 has been made illegally and completely in violation of the margdarshika/guidelines for the appointment of Anganbari Sevika & Sahayika. Counsel submits that for cancellation of appointment of private respondent no.9, the application has been filed before the District Programme Officer Establisment, ICDS, Rohtas, Sasaram which is annexed as Annexure-5 series of the present writ petition, but no decision has been taken by him till date.

4. Learned counsel for the State raised preliminary objection and submits that the petitioner ought to file the application in the form of case according to the relevant margdarshika/guidelines for the appointment of Anganbari Sevika & Sahayika which has not been filed and only due to this reason, the order could not be passed.

5. In this view of the matter, it is hereby directed to the District Programme Officer Establisment, ICDS, Rohtas, Sasaram to entertain the petitioner's representation which is annexed as Annexure-5 series as case and pass order in accordance with law within 90 days from the date of production of the order after hearing both the parties.

Patna High Court CWJC No.12782 of 2018(2) dt.05-08-2024 3/3

6. Accordingly, the present writ petition stands disposed off.

(Dr. Anshuman, J) Divyansh/- U