Nitu Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11251 of 2015 ====================================================== Nitu Devi Wife of Sri Suman Kumar, resident of Village- Bucheya, Sidhwaliya Bazar, Ward No. 13, P.O.- Sidhwaliya, P.S.- Sidhwaliya, DistrictGopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

The Dy. Director, Welfare, Saran Division, Chapra. 4.

The Collector at Gopalganj.

5.

The District Program Officer, Gopalganj.

6.

The Child Development Project Officer, Sidhwaliya. 7.

The Circle Officer, Sidhwaliya, District- Gopalganj. 8.

The Mukhiya, Gram Panchayat Raj Bucheya, P.S.- Sidhwaliya, DistrictGopalganj. 9.

The Panchayat Secretary, Gram Panchayat Raj Bucheya. 10.

Smt. Chandeni Devi, Wife of Sri Naveen Kumar, resident of VillageBucheya, Ward No. 10, Sidhwaliya, P.O. and P.S.- Sidhwaliya, DistrictGopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Udai Shankar Singh, Adv.

For the Respondent/s :

Mr. Gyan Prakash Ojha, GA-7 Mr. Abhishek Singh, AC to GA-7 Ms. Sushmita Ojha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 30-01-2023 In this writ petition grievance raised is relating to appointment of Anganwari Worker.

In CWJC No. 21963 of 2014 decided on 12.12.2022 (Reena Kumari Vs. State of Bihar & Ors.,) this Court has held that the post of Anganwari Worker does not fall within the

Patna High Court CWJC No.11251 of 2015 dt.30-01-2023 2/3 purview of State or Subordinate Services. The post of Anganwari Worker is under a scheme introduced by Govt. of India and respective State Govts. and regulated by guidelines which are non-statutory and therefore not enforceable in law. The appointment is on honorarium basis and no statutory procedure has been laid down.

Of course, under the guidelines, grievance against appointment of Anganwari Worker can be raised before the Collector of concerned district with a further revision to the Commissioner.

Even the orders passed by the Collector or the Commissioner would not be a subject matter of judicial review as the power being exercised by them relating to a dispute of Anganwari Worker is under guidelines and they do not act as a statutory authority while deciding such dispute. In view thereof, the writ petition would not be maintainable even against the orders of the Collector or the Commissioner.

Leaving it open to the respective writ petition to avail any of the aforesaid remedies, if they have not so availed, the writ petition is held to be not maintainable. Accordingly, this writ petition is dismissed with the aforesaid liberty.

Patna High Court CWJC No.11251 of 2015 dt.30-01-2023 3/3 If an appeal/revision is filed, the same shall be decided expeditiously within a period of six months and the question of limitation will not arise.

(Sanjeev Prakash Sharma, J) amit/- Item no.28 AFR/NAFR CAV DATE Uploading Date Transmission Date