Shobha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4330 of 2024 ====================================================== Shobha Kumari W/o- Sri Umesh Ram R/o- Vill- Mayapur, P.O.- Karsawan, P.S.- Obra, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Additional Chief Secretary, Social Welfare Department, Govt. of Bihar, Patna.

2.

The Director, Integrated Child Development Scheme Directorate, Bihar, Patna.

3.

The Divisional Commissioner, Magadh Division, Gaya. 4.

The District Magistrate, Aurangabad.

5.

The Additional Collector-cum-Additional, District Magistrate, Aurangabad. 6.

The District Programme Officer, Aurangabad.

7.

The Child Development Project Officer, Block- Obra, District- Aurangabad. 8.

The Lady Supervisor, Child Development Programme Officer, Block- Obra, District- Aurangabad.

9.

Poonam Kumari W/o Ravindra Yadav R/o Village- Mayapur, P.O.- Karsawan, District- Aurangabad.

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

For the Petitioner/s :

Mr.Prabhojot Singh, Advocate For the Respondent/s :

Mr.Government Pleader (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-03-2024 The present writ petition has been filed seeking the following relief:- "1. i. To quash the order dated 02.03.2023 passed in Aurangabad Appeal No.- 13/2023 by the Divisional Commissioner, Magadh Divisional, Gaya whereby and whereunder the Appeal preferred by the petitioner was dismissed on

Patna High Court CWJC No.4330 of 2024(2) dt.22-03-2024 2/3 the ground of non-maintainability.

ii. To quash the order contained in memo no.-752 dated 26.06.2021 passed in Anganbadi Appeal No.- 70/2018 by the District Programme Officer, Aurangabad whereby and whereunder appeal filed against the appointment of Resp. No-9 on the post of Anganbadi Sewika has been rejected.

iii. To quash the order contained in memo no.-3484 dated 17.08.2022 passed in Anganbadi Appeal No.

13/2021, 69/2021 by the Additional Collector-cum-Additional District Magistrate, Aurangabad whereby and whereunder the appeal of petitioner filed before the District Magistrate, Aurangabad has been dismissed with finding that there is no error in the order dated 26.06.2021 passed by lower court.

iv. To direct the respondents to remove Poonam Kumari (Respondnet No.-9) from the post of Anganbadi Sevika, who has illegally been appointed at Anganbadi Centre, Mayapur, Ward No.- 4, Code No.-24, Block- Obra, District-

Patna High Court CWJC No.4330 of 2024(2) dt.22-03-2024 3/3 Aurangabad and be further direct the respondents to appoint the petitioner on the post of Anganbadi Sevika at Anganbadi Centre Mayapur, Ward No.- 4, Code No.- 24, Block Obra, District-Aurangabad and accordingly give all the consequential and monitory benefits of the petitioner forthwith."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a suit before the Ld. Civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U