Bholi Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4642 of 2019 ====================================================== Bholi Kumari, wife of Umesh Kumar Rajak, resident of VillageRatwara Uttar Tole, Ward No. 9, P.S.- Kalyanpur, District.- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Social Welfare, Govt. of Bihar 2.

The Secretary, Department of Social Welfare, Govt. of Bihar 3.

The Director I.C.D.S., Department of Social Welfare, Govt. of Bihar, Patna 4.

The Collector, Samastipur 5.

The District Welfare Officer, Samastipur 6.

The District Programme Officer, Samastipur 7.

The Block Development Officer, Kalyanpur, Distt.- Samastipur 8.

The Child Development Project Officer, Kalyanpur, Distt.- Samastipur 9.

Rita Kumari, wife of Arbind Rai, resident of Village- Ratwara, P.O.- Ratwara, P.S.- Kalyanpur, Distt.- Samastipur

10. Anju Devi, wife of Ram Balak Paswan, resident of VillageRambhadrapur, Ward No. 3, Block- Kalyanpur, P.S.- Kalyanpur, Distt.- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prem Prakash Poddar, Adv For the Respondent/s :

Mr. Kumari Amrita (GP-3) =============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 27-03-2019 The petitioner, who has been working as Anganbari Sevika for several years by now, was directed by the District Programme Officer, Samastipur

2/4 (respondent No. 6) to render her services at another centre where there was already deployment of another Anganbari Sevika.

2. Against the aforesaid direction and order of the District Programme Officer, Samastipur (respondent No. 6), the petitioner preferred an appeal before the Collector, Samastipur (respondent No. 4) vide Anganbari Appeal Case No. 81 of 2016.

3. The Collector, Samastipur, vide his order dated 14.11.2017 was prima facie of the view that the issue related to the delimitation of the Panchayat area and also found out that the directions issued by the District Programme Officer, Samastipur was contradictory as the petitioner was asked to report at and control a centre which was already being controlled by another Anganbari Sevika.

4. Under such circumstances, the Collector, vide his order dated 14.11.2017 directed the District Programme Officer, Samastipur (respondent No. 6) to

3/4 look into the matter and pass necessary orders, keeping in mind that there has to be a coordination between different centres in a Panchayat. The aforesaid order was to be passed by the District Programme Officer, Samastipur (respondent No. 6) within the stipulated time frame.

5. The learned counsel for the petitioner has submitted that despite such order having been communicated to the District Programme Officer, Samastipur (respondent No. 6) long time back, no such sequel action has been taken by the District Programme Officer, Samastipur.

6. Hence, the present writ petition.

7. Under the aforesaid circumstances, the District Programme Officer, Samastipur (respondent No.

6) is directed to comply with the order passed by the Collector, Samastipur (respondent No.4) dated 14.11.2017 and pass necessary orders in accordance with law within a period of eight weeks from the date of

4/4 production of a copy of this order.

8. For the convenience of the parties, the petitioner is directed to make available a copy of the order of the Collector, Samastipur (respondent No. 4) along with a copy of this order to the District Programme Officer, Samastipur (respondent No. 6) within a period of four weeks from today.

9. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02/04/2019