Sanju Devi @ Sanju Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7658 of 2026 ====================================================== Sanju Devi @ Sanju Kumari, Wife of Santosh Kumar Ram, Resident of village- Tadhwanand Pur, Tadhwa, Police Station- Bairiya, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal secretary, Human resources department, Government of Bihar.

2.

The Divisional commissioner Tirhut Division, Muzaffarpur, Bihar. 3.

The District Magistrate cumCollector, West Champaran at Bettiah. 4.

The District Welfare Officer, West Champaran at Bettiah. 5.

The District Program Officer, Bettiah, West Champaran. 6.

The Child Development Project Officer, Block - Bairiya, West Champaran. 7.

The Mukhiya, Gram Panchayat Raj Tadhwanandpur, Block Bairiya, DistrictWest Champaran. 8.

The Panchayat Secretary Gram Panchayat Raj Tadhwanandpur, Block Bairiya, District- West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap, Adv.

For the Respondent/s :

Mr. Sunil Kumar Mandal, SC-3 Ms. Neelam Kumari, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-06-2026 Heard Mr. Sarvesh Kashyap, learned Advocate for the petitioner, and Mr. Sunil Kumar Mandal, learned Advocate for the State.

2. The petitioner has approached this Court seeking a direction upon the respondent authorities to initiate a fresh process of selection and appointment to the post of Anganwadi Sevika for Centre No. 18 situated at Village Thadhwanandpur, Gaya Yadav Ka Tola, Block-Bairia, P.S. Bairia, District-West

2/4 Champaran.

3. Briefly stated, the petitioner was duly appointed as Anganwadi Sevika for Centre No. 18. However, her appointment was challenged by Savita Devi in Service Appeal No. 185 of 2009. Since the said appeal was allowed without affording any notice or opportunity of hearing to the petitioner, the order passed therein was challenged before this Court in C.W.J.C. No. 2904 of 2014. This Court, vide order dated 09.12.2015, remanded the matter for fresh consideration on being found no compliance of the principles of natural justice.

4. Pursuant thereto, the matter was heard by respondent no. 2 and was disposed of vide order dated 04.04.2016 with a direction to the concerned authorities to initiate a fresh process of selection for appointment to the post of Anganwadi Sevika. Despite the aforesaid order having been passed long back in the year 2016, no action was taken by the authorities, and in the meantime, Savita Devi was permitted to continue working as Anganwadi Sevika. It is further stated that Savita Devi also died in the year 2025 itself, but till date the fresh selection process has not been initiated.

5. Mr. Mandal, learned Advocate for the State, sought permission to file a counter affidavit.

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6. Permission is accorded.

7. The counter affidavit filed on behalf of the State is taken on record.

8. Upon perusal of the counter affidavit, particularly paragraph 7 thereof, it appears that the Anganwadi Centre in question is presently vacant. It further transpires that the vacancy was communicated to the Child Development Project Officer, Bairia, vide Letter No. 116 dated 22.02.2025. However, despite such communication, the process for fresh selection has not yet been initiated.

9. Having considered the submissions advanced on behalf of the parties and taking note of the order dated 04.04.2016 passed by the Commissioner, Tirhut Division, Muzaffarpur, whereby a specific direction was issued to initiate a fresh process of selection for appointment to the post of Anganwadi Sevika, this Court finds that the said direction has remained uncomplied with for nearly a decade. Moreover, the vacancy has already been reported to the competent authority. In the aforesaid circumstances, this Court expects the concerned authorities, particularly respondent no. 6, to take all necessary steps for initiating the selection process in accordance with the rules and guidelines presently in force and to ensure that the

4/4 same is concluded expeditiously, preferably within a period of six months from the date of receipt/production of a copy of this order.

10. With the aforesaid direction, the writ petition stands disposed of.

(Harish Kumar, J) rohit/- U