Pawan Kumari @ Pawan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8128 of 2021 ====================================================== Pawan Kumari @ Pawan Devi, aged about 45 yrs. Female, Wife of Late Jogi Yadav @ Jago Yadav @ Yogilal Yadav, resident of Village - Mahkhar, Ward No. 10, P.S. - Simri Bakhtiarpur, Dist. - Saharsa. ... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Social Welfare, Deptt, Bihar, Patna.

2.

The Director, I.C.D.S, Social Welfare, Deptt. govt. of Bihar, Patna. 3.

The District Magistrate, Saharsa.

4.

District Programme Officer, Saharsa.

5.

Child Development Project Officer, Simari Bakhtiarpur, Dist. - Saharsa. 6.

Lady Supervisor namely Nitu Kumari, Nauhatta and member Secretary, Dist. - Saharsa.

7.

Devrani Bharti, Wife of Sunil Yadav @ English Yadav, Resident of Village - Mahkhar, Ward No. 10, P.S. Simri Bakhtiarpur, Dist. - Saharsa. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Binod Kumar Sinha, Adv.

For the State :

Kumari Amrita, GP-3 For the Resp. No.7 :

Mr. Pramod Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the private respondent No.7.

The petitioner claims to be an applicant for selection of Anganwari Sahayika at Anganwari Centre Paswan Tola No. 2, bearing Center Code No. 246 in the District of Saharsa. The private respondent No.7 has been found eligible for selection by order of the District Programme Officer passed in Angwanwari Appeal No. 182 of 2020, against which, the petitioner has moved before the District Magistrate, Saharsa by filing an

Patna High Court CWJC No.8128 of 2021(5) dt.01-09-2022 2/2 appeal which has been numbered as Anganwari Appeal No. 21 of 2020.

Today the petitioner's counsel submits that petitioner is aggrieved by pendency of the appeal for more than two years. Since the limited issue regarding pendency of the appeal has been raised, pendency of the instant writ application would be futile as the issue is yet to be determined by the District Magistrate Saharsa (Respondent No.3). Having regard to the pendency of the matter for more than two years, this Court would dispose of the matter with direction to the District Magistrate, Saharsa ( Respondent no.3) to consider and pass a final order by assigning reasons in Anganwari Appeal No. 21 of 2020, filed by the petitioner positively within a period of eight

(08) weeks from the date of receipt/production of a copy of this order in accordance with law.

Respondent no.7 has already appeared in the instant proceedings and it is submitted that she would be cooperating for expeditious disposal of the pending appeal. The writ application stands disposed of.

(Madhuresh Prasad, J) shyambihari/- U