Raj Kumari Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6060 of 2011 ===========================================================

1. Raj Kumari Devi Wife Of Raghunath Sah Resident Of Village Kasdi Milki Police Station Antichak District Bhagalpur At Present Posted As Anganbari Sevika, Anganbari Center Kasdi Milki, Centre No. 211, P.S. Kahalgaon, District Bhagalpur

2. Ganga Devi Alias Gunga Devi Wife Of Nanat Kumar Sah Resident Of Village Kasdi Milki, P.S. Antichak District Bhagalpur At Present Posted As Sahayika, Anganbari Centre No. 211, P.S. Kahalgaon, District Bhagalpur .... .... Petitioners

Versus

1. The State Of Bihar

2. The District Magistrate Bhagalpur

3. The District Programme Officer Bhagalpur

4. The Child Development Project Officer Kahalgaon District Bhagalpur

5. The Mukhiya, Oriup Gram Panchayat, P.S. Antichk District Bhagalpur

6. Panchayat Secretary, Oriup Gram Panchayat P.S. Antichak District Bhagalpur .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sharma, Advocate For the Respondent/s : Mr. Ashok Kr Choudhary SC13 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 31-01-2018 Heard learned counsel for the petitioners and learned counsel representing the State.

In terms of the order dated 25.01.2018, learned counsel for the State informs this Court that a fresh appointment has already been done pursuant to advertisement published in the year 2013.

Learned counsel for the petitioners, at this stage, submits that he has instruction to show that the fresh engagement of Anganbari Sahaika has been done subject to result of the case. However, learned counsel has not

Patna High Court CWJC No.6060 of 2011 dt.31-01-2018 challenged fresh appointment till date and the writ application has not been amended because he could not get instruction earlier.

Learned counsel submits that he will seek fresh instruction with all details, and if so desire, may be given liberty to file a fresh writ application challenging the fresh appointment/selection of Anganbari Sahaika during the pendency of this writ application.

In view of the above made submissions, there is no point in keeping this writ application pending. The petitioners shall have liberty, if so advised, to challenge the fresh selection process in accordance with law, and if such a challenge is made they will be at liberty go raise all such pleas which were available to her in the present application. Accordingly, this writ application stands disposed off.

Rajeev/- (Rajeev Ranjan Prasad, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 01.02.2018 Transmission Date NA