Suhana Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14727 of 2013 ====================================================== Suhana Khatoon Wife Of Samsujoha Resident Of Village- Simal Bari Singhari Kool, P.S. Routa, Post Office- Piyazi, District- Purnea ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Commissioner, Purnea Division, Distt. Purnea 3.

The District Magistrate, District- Purnea 4.

The District Programme Officer, Distt. Purnea 5.

The Child Development Project Officer, Under Block Baisa, District- Purnea 6.

The L.S., Ladies Supervisor Namely Sabita, Under Block Baisa, DistrictPurnea 7.

Sanjeeda Khatoon, Wife Of Md. Sajjad, Resident Of Village- Pagla, P.O.- Piyazi, P.S.- Routa Block, Baisa, District- Purnea ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the State :

Mr. Harun Qureshi, AC to SC-01 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 04-01-2023

1. No one appears for the petitioner.

2. The petitioner has prayed as under:- "That the writ application under the writ jurisdiction of this Hon'ble court is being filed for following reliefsI. That this writ application is being filed for issuance of appropriate writ, order or direction to the concerning Respondents authority to stay and finally quashed the order dt. 13-03-2013 passed by the Commissioner, Purnea Division District- Purnea who follow of the order dt. 07.11.12 passed by the District Magistrate, Purnea and has terminated the petitioner from her respected post Anganbari Sevika at Center No. 26 under Block Baisa District Purnea. Since the post this petitioner has working since eight years without any black spot in her career.

II. For issuance of appropriate writ, order/

Patna High Court CWJC No.14727 of 2013(2) dt.04-01-2023 2/2 orders or direction to the Respondent authority who appointed the petitioner for her post and consider the case of these petitioner according the guideline of the selection/ termination of any Anganbari Sevika or Sahaika. III. For issuance of appropriate writ, order or direction to the respondents authority to obey guideline of Anganbari Sevika according rule.

IV. For issuance of appropriate writ, order or direction to command and the authority to stop the process of fresh selection at that centre for Anganbari Sevika till disposal of this instant case.

V. Any other relief or reliefs may arise at the time of hearing of this case."

3. Keeping in view, the post of Anganwadi 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. The appeal being heard by the District Magistrate is also under the guidelines issued for the said purpose. Keeping in view thereto, no interference is warranted in writ jurisdiction.

4. The writ petition is dismissed.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 22 U