Reena Devi @ Reena Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.386 of 2019 In Civil Writ Jurisdiction Case No.1820 of 2019 ====================================================== Reena Devi @ Reena Kumari W/o Ravindra Kumar Singh Resident of Village- Batrauliya, P.O. - Madhubani Ghat, P.S. Muffasil, District- East Champaran. ... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Bihar, Patna 2.

The Director, Integrated Child Development Services, Bihar, Patna 3.

The District Magistrate, East Champaran at Motihari 4.

The District Programme, Officer East Champaran at Motihari 5.

The Sub Divisional Officer, Sadar District East Champaran at Motihari 6.

The Child Development Project Officer Motihari (Rural) District East Champaran at Motihari 7.

The Lady Supervisor Motihari (Rural) District East Champaran at Motihari 8.

Arti Kumari @ Arti Devi Wife of Subodh Kumar Jaiswal Resident of Village Batrauliya, Ward no.3, P.S.-Muffasil, District- East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Anshuman Singh, Advocate For the State :

Mr. Gyan Prakash Ojha (GA7) Mr. Sanghamitra Ghosh, AC to GA7 For Respondent No. 8 :

Mr. Mukesh Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 20-04-2023 In the present appeal, appellant has assailed the order of the learned Single Judge dated 01.02.2019 passed in CWJC No. 1820 of 2019.

2. Matter relates to selection and appointment to the post of Anganwari Sevika. There were certain issues as to who is to be selected and appointed, namely, whether Arti Kumari or Reena Devi.

Patna High Court L.P.A No.386 of 2019(6) dt.20-04-2023 2/2

3. In CWJC No. 1820 of 2019 grievance of the Arti Kumari is that even though she has been appointed on 10.07.2018 by the respondent No.6-C.D.P.O. However, it has not been given effect. Taking note of these material information, learned Single Judge has proceeded to dispose of the writ petition while making observation insofar as giving effect to order dated 10.07.2018 in favour of petitioner Arti Kumari. Such order was passed without hearing the respondent-State and Respondent No. 8-Reena Devi, as is evident from the writ records. Therefore, learned Single Judge has committed error in not hearing the State as well as Respondent No. 8 Reena Devi who is appellant herein.

4. Accordingly, order of the learned Single Judge dated 01.02.2019 passed in CWJC No. 1820 of 2019 stands set aside while restoring CWJC No. 1820 of 2019 on the file of the learned Single Judge.

5. Registry is hereby directed to list CWJC 1820 of 2019 before the appropriate roster Bench at the earliest. (P. B. Bajanthri, J) ( Arun Kumar Jha, J) Himanshu/- Ashish/- U