Kanti Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16204 of 2015 ====================================================== Kanti Devi Wife of Kishori Ram resident of village - Sita Kund, Hasanpur, P.S. Muffasil, District - Munger ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, State of Bihar, New Secretariat, Patna.

2.

The Deputy Secretary State of Bihar, New Secretariat, Patna 3.

The Commissioner and Secretary Social Welfare Department, New Secretariat, Patna 4.

The Director, Welfare, New Secretariat, Patna 5.

The Deputy Director, Welfare, Munger Division, Munger 6.

The Assistant Director, Welfare, Munger Division, Munger 7.

The Divisional Commissioner, Munger 8.

The District Magistrate, Munger 9.

The Child Development Project officer CDPO Gramin, Munger 10.

The District Welfare Officer, Munger 11.

The Deputy Development Commissioner, Munger 12.

The District Programme Officer, Munger ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sushmita Mishra, Advocate For the Respondent/s :

Mr.Gp25- Mani Kant Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 08-09-2023 1.

The present writ petition has been filed seeking the following relief:- "i) for the issuance of a rule in the nature of writ of certiorari for quashing the order dated 02-05-14 passed by respondent no. 6. The Deputy Director, Welfare. Munger

2/6 Division, Munger whereby and where under the Appeal No. 54/2013 preferred by the petitioner against the order dated 30-09-2011 passed by respondent no. 13, the District Programme Officer, Munger by which the petitioner has been unseated has been dismissed on the premise that the aforesaid appeal is beyond the jurisdiction of respondent no. 6 (ii) for the issuance of a rule in the nature of writ of certiorari for quashing the order dated 30-09-2011 passed by respondent no. 13, the District Programme Officer, Munger by which the petitioner has been unseated in the light of the order dated 28.09.2011 passed by the respondent no.9, the District Magistrate Munger.

iii) for the issuance of a rule in the nature of writ of certiorari for quashing the order dated 15-11-11 passed by respondent no. 8, the Divisional Commissioner. Munger in Appeal No. 39/2011 whereby and whereunder the aforesaid appeal preferred by the petitioner against the order dated 30-09-2011 passed

3/6 by D.P.O.. Munger has been dismissed vide an absolutely cryptic and laconic order.

(iv) for the issuance of a rule in the nature of writ of Mandamus commanding the respondent authorities to reengage the petitioner on the post of Aanganbari Sevika with all due benefits."

2.

At this juncture, this Court would refer to a judgment rendered by the learned Division Bench of this Court in the case of Babita Kumari v. The State of Bihar and others, reported in 2016 SCC Online Pat 9434, paragraphs no. 7 and 8 whereof are reproduced herein below:- "7. Having considered the rival contentions, we do not find any merit in the present appeal. The charges against the appellant were very clear as would be apparent from the show cause dated 22.02.2012, which was issued in light of the findings in the enquiry report as well as the relevant documents/registers which were required to be maintained at the Centre. Reply given by the appellant,

4/6 copy of which has been brought on record, does not indicate any justification and rather it has been stated that on 24.09.2011 at the time of Inspection, the children were still coming and on 07.10.2011, she herself had gone to call the children and during that time the inspection was held. It was further stated by the appellant that on 30.09.2011 she had become ill due to being drenched by rain. We find that such explanation is vague and evasive and does not inspire confidence. The spirit and object of running Anganbadi Centres cannot be overemphasized and the purpose is to ensure the welfare of children from the lowermost and deprived strata of society. Any lapse in execution of the said scheme has to be taken very seriously. Closure of even one day entails the beneficiaries going without their meals, which cannot be overlooked. Thus, we do not find any infirmity in the decision of the authorities cancelling her selection as well as the procedure adopted by them prior to passing such order.

5/6

8. For the reasons aforesaid, the Letters Patent Appeal, being devoid of merit, stands dismissed."

3.

It would be apt to refer to yet another judgment rendered by the learned Division Bench of this Court in the case of Neetu Kumari v. The State of Bihar and others, reported in 2011 (4) PLJR 20, paragraphs no. 4 and 5 whereof are reproduced herein below:- "4. In our considered view, the post of Anganbari Sevika is not a post having security of tenure or protection under Article 311 of Constitution of India.

Considering the very nature of engagement which provides of honorarium, we are of the view that in case the appellant still feels aggrieved, she may approach the Civil Court for damages. There is nothing at stake in such a scheme other than honorarium. For such contractual engagements the relief of reinstatement is not appropriate and even if there is breach of the scheme or any other principle of law, the claim should ordinarily be permitted, if

6/6 found good on merits, only for damages.

5. The appeal is dismissed."

4.

Considering the law laid down by the learned Division Bench of this Court, as aforesaid, 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. Liberty, so sought, is granted.

5.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.09.2023 Transmission Date NA