Lalita Kumari v. The Chief Secretary, Govt. Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4275 of 2023 ====================================================== Lalita Kumari wife of Amit Kumar, resident of Village- Dhamdaha North, Ward No- 10, P.O. and P.S.- Dhamdaha, District- Purnea. ... ... Petitioner/s

Versus

1.

The Chief Secretary, Govt. of Bihar Patna.

2.

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

The District Magistrate, Purnea.

4.

The District Program Officer, Purnea.

5.

The Child Development Project Officer, Dhamdaha, Purnea. 6.

The Lady Supervisor, Dhamdaha North, Dhamdaha, Purnea. 7.

Nutan Kumari, wife of Rajesh Paswan, Resident of Village- Dhamdaha North, Ward No. 10, P.S.- Dhamdaha, District- Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar, Advocate For the Respondent/s :

Mr.Prashant Pratap (Gp2) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2024 The present writ petition has been filed seeking the following reliefs:- "i. For setting aside the order dated 12.12.2022 (Anx-9) passed by the Divisional Commissioner, Purnea, in Anganwari Appeal No. 57/2020 (Lalita Kumari VS. The State of Bihar & Ors.) by which the appeal was dismissed confirming the order of District Magistrate,

Patna High Court CWJC No.4275 of 2023(8) dt.15-01-2024 2/3 Purnea dated 23.07.2019 passed in Service Appeal No. 70/ 2018 [Lalita Kumari VS. The State of Bihar & Ors.] and order of District Program Officer, Purnea dated 16.03.2020 passed in Service Appeal No.

20/ 2019 and further order of selection dated 08.12.2017 of Private Respondent No.7 on the post of Anganwadi Sevika of Anganwadi Centre No.274 of Dhamdaha North Panchayat, Ward No.- 10, Dhamdaha, Purnea which is arbitrary, malafide, illegal, incorrect and not sustainable in the eye of law in the following facts and circumstances of the case.

ii. For a direction to the respondents to appoint the petitioner on the post of Anganwadi Sevika of Anganwadi Centre No. 274 of Dhamdaha North Panchayat, Ward No. 10, Dhamdaha, Purnea in the true facts and circumstances of the case."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law,including that of filing a suit before the learned Civil Court

Patna High Court CWJC No.4275 of 2023(8) dt.15-01-2024 3/3 having competent jurisdiction. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U