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Patna High CourtCWJC/6517/2024dismissed

Farida Khatun v. The State Of Bihar

2024-04-26Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6517 of 2024 ====================================================== Farida Khatun wife of Khurshid Alam, resident of village- Kauwadih, Samahuta, Police Station- Kargahar, District- Rohtas. ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner, Patna Division, Patna.

3.

The Collector cum District Magistrate, Rohtas, Sasaram. 4.

The District Programme Officer, Rohtas, Sasaram. 5.

The Child Development Programme Officer, Kargahar, District- Rohtas. 6.

Kiran Kumari, wife of Amaresh Kumar resident of village- Kauwadhi, Samahuta, Police Station- Kargahar, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Choubey, Adv.

For the State :

Mr.Kumar Pankaj, AC to SC-5 For the Respondent/s :

Mr.Babu Nandan Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.i) Issuance of a writ in the nature of writ of certiorari quashing the order dated 18.07.2023 passed by the learned Commissioner, Patna Division Patna in I.C.D.S Case No.27 of 2021 "Farida Khatun Versus The State of Bihar and others" contained in annexure-P/11 whereby and whereunder he has been pleased to reject the revision application filed by the petitioner against the order dated 25.01.2021 passed in Anganbari Appeal No.02/2022 by District Programme Officer (ICDS) Rohtas, Sasaram whereby he has been pleased to cancel the appointment of petitioner on

Patna High Court CWJC No.6517 of 2024(2) dt.26-04-2024 2/3 the post of Anganbari Sevika Anganbari Centre, 264 Ward No.9, Kauwadih under Samardiha Panchayat and ordered to issue selection letter to the said post to Kiran Kumari (respondent No.6 herein) in place of the petitioner.

ii) Issuance of a writ in the nature of writ of certiorari quashing the order dated 25.01.2021 passed by District Programme Officer, Rohtas, Sasaram in Anganbari Appeal No.02/2020 whereby and whereunder he has been pleased to cancel the appointment of petitioner on the post of Anganbari Sevika, Anganbari Centre, 264 Ward No.9, Kauwadih under Samardiha Panchayat and ordered to issue selection letter to the said post to Kiran Kumari (respondent No.6 herein) in place of petitioner.

iii) Issuance of a writ in the nature of writ of certiorari quashing the order dated 18.07.2023 passed by learned Commissioner Patna Division Patna in I.C.D.S. 273/2022 against the order dated 11.07.2022 passed in Appeal Case No.09/2021 by Collector cum District Magistrate, Rohtas. Sasaram whereby he has been pleased to disposed of the revision case in terms of order passed in Case No.27/2021 and same is applicable in the aforesaid case.

iv) Issuance of a writ in the nature of writ of certiorari quashing the order dated 11.07.2022 passed by Collector cum District Magistrate Rohtas (Sasaram) in Anganbari Sevika Appeal Case

Patna High Court CWJC No.6517 of 2024(2) dt.26-04-2024 3/3 No.09/2021 whereby he has been pleased to dismiss the appeal and affirmed the order dated 25.01.2021 passed in Anganbari Appeal Case No.02/2020 by District Programme Officer (ICDS) Rohtas whereby the service of petitioner on the post of Anganbari Sevika has been terminated and he has ordered to appoint the respondent No.6 herein Kiran Kumari on the said post.

v) Issuance of a writ in the nature of writ of mandamus directing the respondent authorities to reinstate the service of petitioner on the post of Anganbari Sevika, Anganbari Centre 264, Ward No.9 Kauwadih under Samardiha Panchayat forthwith."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a suit before the learned Civil Court having competent jurisdiction for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U