Seema Kumari @ Seema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6900 of 2019 ====================================================== Seema Kumari @ Seema Devi, W/o Sri Santosh Pandey R/o Village-Ballipur, P.O.-Paharia Panchayat, Ward No. 02, Block and P.S.-Bhagwanpur, DistrictKaimur (Bhabhua) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Director I.C.D.S. Government of Bihar (Department of Social Welfare) 3.

The Divisional Deputy Director Welfare Patna 4.

The District Collector District-Kaimur at Bhabhua 5.

The District Programme Officer I.C.D.S. Kaimur (Bhabhua) 6.

The C.D.P.O. Bhawanpur (Kaimur) 7.

The Women Supervisor C.D.P. Office, Bhagwanpur (Kaimur) 8.

Mansa Kumari, Wife of Sri Dhananjay Pandey R/o Village-Ballipur, P.O. Paharia, P.S. Bhagwanpur, Distt-Kaimur (Bhabhua) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Ravi Shankar Sahay, Advocate Mr. Chandra Mohan Jha, Advocate For the Respondents :

Mr. Md. Obaidullah AC to SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 26-04-2019 Heard Mr. Ravi Shankar Sahay, learned counsel for the petitioner and Mr. Md. Obaidullah, learned AC to SC-10.

2. The petitioner is aggrieved by the order dated 30.11.2018 passed by the District Magistrate, Kaimur at Bhabhua in Aanganwari Appeal No. 23 of 2018 whereby

Patna High Court CWJC No.6900 of 2019 dt.26-04-2019 2/3 the prayer of the petitioner for appointing her in place of one Mansa Kumari has been rejected.

3. From the impugned order, it appears that on the appointment of Mansa Kumari as Aanganwari Sevika at the concerned centre, the petitioner made a grievance that her appointment was not in accordance with rules as her husband was employed gainfully as an Engineer, earning Rs. 12000/- per month. The further ground of challenge was that Mansa Kumari came from a very affluent family and even when these facts were made known to the District Programme Officer, no action was taken and the complaint of the petitioner was dismissed.

4. The Collector, Kaimur at Bhabhua, while hearing the appeal preferred by the petitioner, asked for furnishing of affidavits with respect to the contentions advanced on behalf of the parties. The husband of Mansa Kumari filed an affidavit, clearly stating that he has never been engaged either in Government, Para-Government or private organization and is a jobless youth. The Collector

Patna High Court CWJC No.6900 of 2019 dt.26-04-2019 3/3 also took note of the fact that Mansa Kumari had obtained 57.2% marks whereas the petitioner was placed at no. 2 in the serial list with 52.8% marks.

5. Considering the aforestated facts and the clear statement in the affidavit of the husband of aforesaid Mansa Kumari that he is unemployed, there is no reason for this Court to interfere with the order of the Collector passed in Aanganwari Appeal No. 23 of 2018.

6. The petition has no merits and is thus dismissed.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.04.2019 Transmission Date