Patna High CourtCWJC/8392/2015dismissed

Fula Kunwar And ANR v. The State Of Bihar And ORS

2015-08-10Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8392 of 2015 ======================================================

1. Fula Kunwar, wife of Nachak Ram

2. Jayanti Kunwar, wife of Late Nathuni Bind, Both Resident of VillageDubauli, P.O.- Aora, P.S.- Belaon, District- Kaimur (Bhabua) .... .... Petitioners

Versus

1. The State of Bihar through its Collector, Kaimur (Bhabua)

2. The District Programme Officer, Midday Meal Scheme Kaimur (Bhabua)

3. The District Superintendent of Education, Kaimur (Bhabua)

4. The Block Extension Officer, Bhagwanpur, Kaimur (Bhabua)

5. Adhoc School Education Committee Midday Meal Scheme, VillageDubauli, P.O.- Aora, P.S.- Belaon, District- Kaimur (Bhabua)

6. The Head Master, Primary School, Dubauli, P.O.- Aora, P.S.- Belaon, District- Kaimur (Bhabua)

7. Smt. Kalwati Devi, wife of Manman Prasad

8. Smt. Rita Devi, Wife of Shukar Ram Both (7 & 8) R/o Village- Dubauli, P.O.- Aora, P.S.- Belaon, District- Kaimur (Bhabua)

9. Smt. Rita Devi, Wife of Shukar Ram Both (7 & 8) R/o Village- Dubauli, P.O.- Aora, P.S.- Belaon, District- Kaimur (Bhabua) .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Respondent/s : Mr. Harish Kumar- Gp32 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 10-08-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioners claim to be appointed as a Cook in the Mid-day Meal Scheme and also sought to be terminated, a fact which does not get supported from any documentary evidence, this Court would find it difficult to grant any relief to the petitioner, especially when in such Scheme there is no sanctioned post of Cook. Such arrangement for cooking being made by the Headmaster of the School being purely by way of contingent measure and that too in relation to a post which is

Patna High Court CWJC No.8392 of 2015 (2) dt.10-08-2015 not a post of the Government servant, this Court would find it difficult to interfere with the working arrangement made by the Headmaster with the approval of the Committee. That being so, this application is wholly misconceived and is, accordingly, dismissed.

(Mihir Kumar Jha, J) surendra/- U