Maya Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13216 of 2013 ====================================================== Maya Devi W/O Late Satendra Tiwari Resident Of Village- Sukhpurwa, P.O. Kathej, P.S.- Mohania, District- Kaimur Bhabua ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Collector-Cum-District Magistrate, Kaimur At Bhabua 3.

The District Program Officer, Kaimur At Bhabua 4.

The Child Development Program Officer, Mohania, District- Kaimur At Bhabua ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

NONE For the Respondent/s :

Mr. Subhash Pd. Singh, GA-3 Mr. Indeshwari Pd. Mandal, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-02-2023 The petitioner has filed this writ application against the order dated 30.06.2012 vide Memo No. 479 passed by the District Programme Officer, Kaimur at Bhabua and order dated 10.04.2013 passed in Anganbari Appeal Case No. 15/2012-13 by the Collector-cum-District Magistrate, Kaimur at Bhabua by which the appointment of petitioner on the post of Anganbari Sevika has been cancelled.

A Division Bench of this Court, in the case of Neetu Kumari vs. The State of Bihar and Others, reported in (2011) 4 PLJR 20, has held in paragraph nos. 4 and 5 as follows:- "4. In our considered view, the post of Anganbari Sevika is not a post having security of tenure or protection under Article

Patna High Court CWJC No.13216 of 2013(4) dt.06-02-2023 2/2 311 of Constitution of India. Considering the very nature of engagement which provides for honorarium, we are of the view that in case the appellant still feels aggrieved, she may approach the Civil court for damages.

5. 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 found good on merits, only for damages".

Further, a Single Bench of this Court, vide order dated 04.01.2023, passed in CWJC No. 14727 of 2013 (Suhana Khatoon vs. The State of Bihar and others) has held that "the post of Anganwari Worker is not a cadre post and the same is governed by guidelines issued in that respect. It is not a post under the State services and a writ petition therefore would not be maintainable with regard to the same".

In view of the above, this writ application is not maintainable and the same is, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U