Durgawati Devi @ Durgawati Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6823 of 2019 ====================================================== Durgawati Devi @ Durgawati Kumari, wife of Babudhan Ram, resident of Village- Bal Dihari, P.O.- Dhawani, P.S.- Karakat ( Gorari) District- Rohtas. ... ... Petitioner/s

Versus

1.

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

2.

The Director I.C.D.S. Bihar, Patna.

3.

The District Magistrate, Rohtas at Sasaram 4.

The District Programe Officer, Rohtas at Sasaram 5.

The Child Development Project Officer, Karakat, Rohtas. 6.

Phul Kumari Devi, wife of Lal Mohar Ram, resident of Village - Bal Dihari P.O.- Dhawani, P.S- Karakat ( Gorari), District - Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha (GA-7) ===================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 26-04-2019 The petitioner, who was initially appointed as Anganbari Sevika at Anganbari Centre No-43, under Baidihari, Karakat in the District of Rohtas, is aggrieved by the order dated 24.12.2018 passed by the District Programme Officer, Rohtas at Sasaram whereby the appointment of the petitioner has been terminated on the ground of her being daughter-in-law of a Public Distribution System dealer.

2. The relevant rules in the guidelines of 2016 proscribe appointment on the post of Sevika/Sahayika of

Patna High Court CWJC No.6823 of 2019 dt.26-04-2019 2/2 such persons who are relatives of government licencees of PDS.

3. However, since the petitioner has not exhausted the remedy available to her under the rules, this Court is not inclined to entertain the present petition.

4. The petitioner is directed to file an appeal, if so advised, against the order dated 24.12.2018 passed by the District Programme Officer, Rohtas at Sasaram, before the District Magistrate, Rohtas at Sasaram within a period of four weeks from today, who, on receipt of the same shall afford hearing to the petitioner and all other concerned stakeholders and pass order in accordance with law, within a period of four weeks thereafter.

5. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30/04/2019