Manju Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.105 of 2022 In Civil Writ Jurisdiction Case No.16345 of 2019 ====================================================== Manju Kumari, aged about 55 years, female, W/o Rajkumar Prasad Resident of Bageshwari Road, Power Ganj, S.K. Electric, Central School No.-1 ke Gate No. 2 ke pas, P.S.- Delha, District- Gaya, Bihar- 823001. ... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Bihar, P.S.- Sachivalaya, Patna.

2.

The Principal Secretary, General Administration Department, Government of Bihar, Old Secretariat, P.S.- Sachivalaya, Patna. 3.

The Additional Secretary, General Administration Department, Government of Bihar, Old Secretariat, P.S.- Sachivalaya, Patna. 4.

The Principal Secretary, Social Welfare Department, Government of Bihar, Old Secretariat, P.S.- Sachivalaya, Patna.

5.

The Director, Integrated Child Development Scheme (ICDS), Directorate, Secretariat, P.S.- Sachivalaya, Patna.

6.

The District Magistrate, Gaya, P.S.- Civil Lines, Distt- Gaya. 7.

The District Program Officer, Gaya, P.S.- Civil Lines, Distt- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Ms. Roona, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha, GA 7 Ms. Sushmita Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 01-02-2023 Re: I.A. No. 01 of 2022 Heard I.A. No. 01 of 2022 for condonation of delay in

Patna High Court L.P.A No.105 of 2022(9) dt.01-02-2023 2/3 filing the present L.P.A.

For the reasons stated in the application and affidavit, delay of 888 days in filing the L.P.A. is condoned. Accordingly, I.A. No. 01 of 2022 stands allowed.

Counter affidavit filed on behalf of respondent No. 7 is taken on record.

In view of later development on 29.01.2023, State has evolved a policy insofar as relaxing age criteria for the appointment to the post of Lady Supervisor from the cadre of Anganbari Sevika. If the policy is implemented, in that event appellant would be benefited in participating in the process of selection and appointment to the post of Lady Supervisor. In the light of these facts and circumstances, present L.P.A do not survive.

Accordingly, present L.P.A. stands disposed of. However, order passed in C.W.J.C would not come in the way of considering the appellant's eligibility to participate in the process of selection and appointment to the post of Lady Supervisor in the light of State policy cited supra. It is reliably learnt that last recruitment to the post of Lady Supervisor was in the year 2010, therefore, the concerned authority is hereby directed to complete the process of selection

Patna High Court L.P.A No.105 of 2022(9) dt.01-02-2023 3/3 and appointment to the post of Lady Supervisor at the earliest in order to avoid hardship to such of those Anganbari Sevika who are likely to be over-aged for the recruitment. (P. B. Bajanthri, J) ( Arun Kumar Jha, J) GAURAV S./- U