Malati Devi @ Malti Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16281 of 2018 ====================================================== Malati Devi @ Malti Devi W/o Budhan Ram Rajvanshi, Resident of VillageNimhat, P.S.-Nauhatta, District-Rohtas Sasaram. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Rohtas, Sasaram.

3.

The District Programme Officer, Rohtas Sasaram. 4.

The Block Development Office, Rohtas, Sasaram. 5.

The Child Development Project Officer, Nauhatta, Rohtas Sasaram. 6.

The Supervisor, of Selection Committee, Jayantipur Panchayat, Nauhatta Block, Rohtas, Sasaram.

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

For the Petitioner/s :

None For the Respondent/s :

Mr. Sunil Kumar Mandal, SC-3 Mr. Prem Shankar, (AC to SC-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2024 No one appears on behalf of the petitioner. Learned counsel for the State is present.

2. The present writ application has been filed directing the respondent-authorities to issue appointment letter to the petitioner for the post of Anganwadi Sevika at Nimhat, Ward No. 10, Jayantipur Panchayat under Nauhatta Block, District-Rohtas.

3. Learned counsel for the State raised preliminary objection and submits that counter-affidavit has already been filed in this case in which stand has been taken by the State that

Patna High Court CWJC No.16281 of 2018(2) dt.27-08-2024 2/2 petitioner is still holding the post of Member Panchayat Secretary and in view of the Anganwadi Sevika & Sahayika Guidelines, she cannot be appointed as Sevika and, therefore, she is not entitled for any relief.

4. In the light of the submissions made, it transpires to this Court that since the petitioner has not exhausted her remedy before the appropriate forum made for the appointment of Anganwadi Sevika & Sahayika, therefore, the present writ application stands disposed off granting liberty to the petitioner to avail the remedy in the light of the said Guidelines within 30 days from today, if the cause of action survives. (Dr. Anshuman, J) sadique/- U