Pratibha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1919 of 2016 ====================================================== Pratibha Devi W/o Sri Sachidanand Singh Resident of village - Masaurha, Panchayat - Masaurha, P.S. Paliganj, District - Patna, Presently Employed at and Working as Anganbari Sahayika, at Anganbari Kendra, Masaurha East No. 3, Panchayat - Masaurha Jalpura, Sub - Division, Paliganj, District - Patna ... Petitioner

Versus

1. The State Of Bihar through The Principal Secretary, Department of Social Welfare, Government of Bihar, New Secretariat, Punaichak, Patna

2. The Principal Secretary, Department of Social Welfare, Government of Bihar, New Secretariat, Punaichak, Patna

3. The Collector - Cum - District Magistrate, Patna at Patna

4. Sub - Divisional officer, Paliganj Sub - Division Patna at Paliganj

5. Child Development Project Officer, Paliganj at Paliganj

6. Sangeeta Kumari W/o Rajesh Kumar Singh @ Billu Anganbari Sevika at village - Masaurha East, Anganjbari Centre No. 3, Panchayat Masaurha, Jalpura, P.S. Paliganj, District - Patna .. ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Dinesh Kumar, Advocate For the Respondents :

Mr. Anil Kumar Sinha- GA 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

In the counter affidavit, copy of which is being served on learned counsel for the petitioner today, petitioner's claim for payment of honorarium for May, 2012 till date, has been denied or disputed. It has been submitted by learned counsel for the respondents that from 17.4.2012 the petitioner remained absent up till 2015. The fact of petitioner's termination on 19.5.2015 has also been placed on record, however order of termination

Patna High Court CWJC No.1919 of 2016(2) dt.24-01-2019 2/3 has not been annexed to the writ petition.

In view of the development subsequent to filing of the writ petition, learned counsel for the petitioner denies and disputes the allegation of petitioner's absence from the Center which has been made against her by another Anganbari Sevika, respondent no.6 of the Center in question.

These disputed issues however were required to be examined. Petitioner's counsel therefore submits that the petitioner will be approaching the Child Development Project Officer, Paliganj (respondent no.5) in support of her claim for arrears of honorarium till the date of her termination, i.e., May 2015.

Petitioner's claim for honorarium should be examined by the CDPO, Paliganj with reference to the Attendance Register after giving her opportunity to support her claim. Petitioner should submit her detailed and comprehensive claim within a period of four weeks from today. In the event, the same is filed, respondent no.5 would consider the same did dispose of by a reasoned and speaking order in accordance with law within three months thereof.

It is needless to say that the petitioner would be at liberty to challenge her termination dated 19.5.2015 before the

Patna High Court CWJC No.1919 of 2016(2) dt.24-01-2019 3/3 Competent Authority.

Writ petition stands disposed of.

(Madhuresh Prasad, J) Shashi U