Godavari Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14108 of 2018 ====================================================== Godavari Devi ... ... Petitioner/s
Versus
The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra, Adv For the Respondent/s :
Mr.Sunil Kumar Mandal -Sc3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-08-2024 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present writ petition has been filed for directing the respondents concerned to appoint the petitioner on the post of Anganwari Sevika at Centre No. 128 of Gram Panchayat Raj-Gangauti, Ward No. 10, Anchal/Block-Masrak, District-Saran at Chapra, as upon the death of her mother-in-law who has been Anganwari Sevika at the centre in question on 18.05.2009.
3. Counsel for the petitioner submits that the motherin-law of the petitioner was working as Anganwari Sevika in the Centre No. 128 of Gram Panchayat Raj-Gangauti, Ward No. 10, Anchal/Block-Masrak, District-Saran at Chapra, and the petitioner has applied for the post which was published in the year 2010 and in Aam Sabha, she was at the top of the merit list
Patna High Court CWJC No.14108 of 2018(2) dt.06-08-2024 2/3 but till date she has not been appointed in-spite of the repeated holding of Aam Sabha only with a view to adjust some blue eyed candidates of local Mukhiya. Counsel for the petitioner further submits that the mother-in-law of the petitioner died on 18.05.2009 all of sudden. After her death, fresh advertisement has been published in the light of the department letter dated 2583 dated 14.06.2010 and Aam Sabha was held but under conspiracy, Mukhiya did not appear despite presence of the C.D.P.O. Thereafter, again Aam Sabha has been called for but again neither Mukhiya nor C.D.P.O were present. Counsel submits that again in the light of the letter contained in Memo No. 4815 dated 28.05.2014, fresh advertisement was published but again appointment of the petitioner has not been made. Therefore, he has filed the present application for completion of the appointment.
4. Counsel for the State on the other hand submits that due to local village politics, the Anganwari Centre has not been functional. He further submits that in the light of the advertisment, Aam Sabha has been called on 25.08.2015 in Ward No. 10 but selection process could not be concluded due to the protest made by the people of the concerned ward. He further submits that one Neetu Kumari has filed Anganwari
Patna High Court CWJC No.14108 of 2018(2) dt.06-08-2024 3/3 Appeal Case No. 11 of 2017 which was registered and claim of the said Neetu Kumari was rejected. A direction was issued to C.D.P.O Mashrak to initiate selection process in accordance with law.
5. Considering the above submissions, it is directed to the District Magistrate to complete the process of Anganwari Sevika and Sahaiyaka appointment in the said Anganwari Centre No.128 at the earliest, maximum within 90 days from the date of production of the order, if not completed during pendency of present writ petition.
6. If any hurdle raised by the local people in the appointment of the Anganwari Sevika and Sahaiyaka then District Magistrate is hereby directed to look into this matter at his own level in accordance with law.
(Dr. Anshuman, J) Sunnykr/- U