Neetu Kumari @ Nitu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8575 of 2021 ====================================================== Neetu Kumari @ Nitu Kumari Wife of Sanjit Kumar Yadav resident of village- Mahkar, Paswan Tola, Ward no. 10, P.S.- Simri Bakhtiarpur, Dist.- Saharsa ... ... Petitioner/s

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.

District magistrate, Saharsa 4.

District Programme Officer, Saharsa 5.

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

Lady Supervisor cum Member Secretary, Selection Committee, Nauhatta, Dist.- Saharsa 7.

Indu Kumari Wife of Manish Kumar Resident of village- Mahkar , Paswan Tola, Ward no. 10, P.s.- Simri Bakhtiarpur Dist, - Saharsa ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate Mr. Ashok Kumar, Advocate For the Respondent/s :

Mr. Prashant Pratap, GP-2 Mr. Gyan Shankar, AC to GP-2 ====================================================== 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 Heard learned counsels for the parties.

2. Service of notice to respondent no. 7 is dispensed since no adverse order is being passed against her.

3. In the instant petition, petitioner has prayed for following reliefs:

"(i) For issuance of writ in the nature of certiorari for quashing of order dated 29-1-2020 passed by District

Patna High Court CWJC No.8575 of 2021 dt.26-04-2022 2/2 Programme Officer, Saharsa in Anganwari Appeal no. 127/2019 whereby selection of petitioner on the post of Anganwari Sevika has been cancelled and by said order to issue selection letter to Respondent No. 7.

(ii) For issuance of writ in the nature of Mandamus direction to Respondents to reinstate the petitioner on the post of Anganwari Sevika at Anganwari centre Paswan Tola-2, centre code 246."

4. Undisputedly, petitioner has already invoked remedy of appeal bearing Appeal No. 09 of 2020 before the appellate authority and it is pending consideration.

5. The appellate authority is hereby directed to decide the aforesaid appeal of the petitioner within a period of three months from the date of receipt of this order after providing opportunity of hearing to the petitioner as well as Respondent No. 7- Indu Kumari.

6. With the above observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) ( Rajeev Ranjan Prasad, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 29.04.2022 Transmission Date