Pratima Devi, v. The State Of Bihar Through The Principal Secretary,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7416 of 2021 ====================================================== Pratima Devi, W/o Sri Ramswarth Thakur, R/o-Village-Kuanhi, P.O.- Chaurghatta Kuahi, Block-Motipur, District-Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Social Welfare, Bihar, Patna.
2.
The Secretary, Department of General Administration, Bihar, Patna. 3.
The Director, Integrated Child Development Services, Department of Social Welfare, Bihar, Patna.
4.
The Deputy Director, Integrated Child Development Services, Department of Social Welfare, Bihar, Patna.
5.
The Collector, Muzaffarpur.
6.
The District Program Officer, I.C.D.S., Muzaffarpur. 7.
The Child Development Project Officer, Baruraj Block-Motipur, DistrictMuzaffarpur. 8.
Nitu Kumari, W/o Uday Narayan, R/o Village-Kuanhi Block-Motipur, District-Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Manoj For the Respondent/s :
Mr. Md. Nadim Seraj, GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 26-04-2022 In the instant petition, petitioner has prayed for the following relief/reliefs:
"That this application is for issuance of appropriate writ/ writs for setting aside Order dt.-04.02.2021 passed in Case no.- 131/2020 by Respondent no.-6 by which wrongly and illegally services of Petitioner working as Anganwadi Sevika has been
Patna High Court CWJC No.7416 of 2021 dt.26-04-2022 2/3 terminated by mentioning that the age of Petitioner at the time of appointment as Anganwadi Sevika was more than 40 years the prescribed age for appointment of the Anganwadi Sevika and as such the direction made to work as per the previously appointed as Anganwadi Sahayika, if there is any post is vacant in the nearby Home ward without considering that the Petitioner was already working as Anganwadi Sahayika and got 5 merit point for the Experience gained as Sahayika was after considerations all the aspects were directed by Respondent no.-3 for the appointment of Petitioner as Anganwadi Sevika and further to set aside the Order dt.-25.10.2019 passed by Respondent no.-5 by making reinstatement of petitioner at the post of Anganwadi Sevika with direction to relax the rules of upper age limit up to 45 years as made in case of 25% Sevika are to be the Female Supervisor as per the applicable rules, with all consequential benefit."
The petitioner and respondent no.8 were candidates for recruitment to the post of Anganwadi Sahayika. The petitioner was selected and appointed. Thereafter, the official respondent notices that the petitioner's selection and appointment was contrary to the policy decision, in particularly,
Patna High Court CWJC No.7416 of 2021 dt.26-04-2022 3/3 the petitioner was over aged for the recruitment, the same was taken note of. Thus, petitioner's appointment was cancelled while appointing respondent no.8. Learned counsel for the petitioner could not apprise this Court that even though the petitioner was initially working as Anganwadi Sahayika for about eight years, that service cannot be taken into consideration for the purpose of age relaxation, since the petitioner could not apprise this Court with any material information that selecting and appointing authority for Anganwadi Sahayika is expected to extend age relaxation.
In the light of these facts and circumstances, the petitioner has not made out a case so as to interfere with the impugned orders.
Accordingly, the present petition stands dismissed. (P. B. Bajanthri, J) ( Rajeev Ranjan Prasad, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.04.2022 Transmission Date NA