Bhama Kumari, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6545 of 2020 ====================================================== Bhama Kumari, wife of Rajiv Kumar, Daughter of Satan Mahato, Resident of Village Tamaut P.s. and District Madhepura at present residing at Village Dhap, P.O. Kabira, Gram Panchayat Kabira, Ward No. 1, P.S. Salkhua, District Saharsa.

... ... Petitioner/s

Versus

1.

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

2.

The Director, I.C.D.S., Social Welfare Department, Govt. of Bihar, Patna. 3.

The District Magistrate, Saharsa.

4.

The District Programme Officer, I.C.D.S. Vikas Bhawan, Saharsa. 5.

The Child Development Project Officer, Salkhua. 6.

Babita Kumari, wife of Sanjeev Kumar, Resident of village Dhap, P.O. Kabira, P.S. Salkhua, District Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.Gyan Prakash Ojha (Ga7) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 09-02-2022 This matters heard via video conferencing due to circumstances prevailing on account of COVID-19 Pandemic.

2. Service of notice to respondent Babita Kumari is dispensed, since no adverse order is passed against her.

3. Heard learned counsel for the parties.

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

"For issuance of writ in the nature of certiorari for quashing of order contained as memo no. 1632-1 dated 23.12.2019 in Anganwari Appeal No. 132/2019 passed by District Programme Officer, Saharsa whereby petitioner's

Patna High Court CWJC No.6545 of 2020 dt.09-02-2022 2/2 selection on the post of Anganwari Sevika has been cancelled and further directed to issue selection letter of Anganwari Sevika in favour of Respondent No.6 and for issuance of writ in the nature of Mandamus direction to Respondents to reinstate the petitioner on the post of Angawari Sevika at Anganwari Centre Kabira Dhap, Ward No.1 District Saharsa."

5. Undisputedly, petitioner's appeal no. 04/2020 is pending consideration before the Appellate Authority. Therefore, the Appellate Authority is hereby directed to examine the petitioner's appeal and decide on merit after providing ample opportunity of hearing to the petitioner and 6th respondent, Babita Kumari.

6. The above exercise shall be completed within a period of three months from the date of receipt of this order.

7. With the aforesaid, the writ application stands disposed of.

(P. B. Bajanthri, J) Ravi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.03.2022 Transmission Date NA