Ranjana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6290 of 2025 ====================================================== Ranjana Kumari Wife of Rajeev Kumar, Resident of- Village- Dharampur, PO- Balthi Rasulpur, PS-Bochahan, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Department of Health, Government of Bihar, Patna.

2.

The Director in Chief (Admn.) cum Chairperson, Departmental Grievance Redressal Committee, Medical and Health Services, Bihar, Patna. 3.

The District Magistrate- Cum- President District Health Committee, Muzaffarpur.

4.

The Civi Surgeon- Cum- Member Secretary, District Health Society, Muzaffarpur.

5.

The Incharge Medical Officer, Community Health Center, Bochahan, Muzaffarpur.

6.

The Panchayat Secretary, Gram Panchayat Raj Adigopalpur, Bochahan, Muzaffarpur.

7.

The Mukhiya, Gram Panchayat Raj Adigopalpur, Bochahan, Muzaffarpur. 8.

Smt. Sangita Kumari, wife of Vijay Bhushan, resident of village- Rudha, PO- Adigopalpur, PS- Bochahan, District-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Raj, Adv.

For the Respondent/s :

Mr. Md. Irshad, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-04-2025 Heard the parties.

2. A bizarre and unusual facts have been narrated that despite the selection of the petitioner to the post of ASHA worker at Anganwadi Center No.240 in Ward No.2, Gram Panchayat Raj Adigopalpur, pursuant to the letter no.13 dated 01.02.2024, till date her joining has not been accepted and she has not been allowed to work as ASHA worker at the aforesaid

2/4 Center.

3. Mr. Ravi Raj, learned Advocate for the petitioner submitted that having faced all the due process, the petitioner was duly appointed as ASHA worker against Anganwadi Center No.240; upon approval of her selection, she has posted at Anganwadi Center No.240. Since Anganwadi Center No.240 was vacant for the time being; hence, in order to look after the functioning of the Centre, the private respondent no.8, who was selected as ASHA worker at Anganwadi Center No.70 in Ward No.9 of Adigopalpur Panchayat, Bochahan, she was deputed to look after the functioning of the Anganwadi Center No.240 till further order. Upon being selected, the petitioner approached at Anganwadi Center No.240 in Ward No.

2 and submitted her joining, the same was not accepted then she approached before the Civil Surgeon, Muzaffarpur for taking action in the matter, who vide his letter dated 14.08.2024 directed the In-charge Medical Officer, Community Health Center, Bochahan, Muzaffarpur for joining of the petitioner and simultaneously directed to post the private respondent no.8 at Anganwadi Center No.70 in Ward No.9. Pursuant thereto, the In-charge Medical Officer on several occasions, vide different letters directed the private respondent no.

3/4 original place of posting at Anganwadi Center No.70, nonetheless, in defince with the direction, afore-noted she has been continuing on Anganwadi Center No.240, which compelled the petitioner to approach the District Magistrate, Muzaffarpur by filing a representation on 03.10.2024 (Annexure-P/7) but to no avail. Attention of this Court has been drawn to the various letters issued by the In-charge Medical Officer, who has specifically directed the private respondent no.8 to ensure her joining as ASHA worker at Anganwadi Center No.70 in Ward No.9, which is said to be her original place of posting but till date the order of the Civil Surgeon, Muzaffarpur as well as the In-charge Medical Officer, Community Health Center, Bochahan, Muzaffarpur has not been given effect to.

4. From the record, it appears that the selection of the petitioner as ASHA worker at Anganwadi Center No.240 in Ward No.2 was made long back on 01.02.2024 and for over a year, she has not been allowed to join at her place of posting on account of disobedience and the undue resistance shown by the respondent no.8, hence, this Court left with no option but to direct the respondent no.3 to look into the matter and take appropriate action against the erring official(s)/person, who

4/4 is/are are responsible in not allowing the petitioner to discharge her duty as ASHA worker at Anganwadi Center No.240 in Ward No.2, if she is found entitle, under the law.

5. The aforesaid exercise must be completed, preferably within a period of two weeks from the date of receipt/production of a copy of this order.

6. The writ petition stands disposed off with the aforesaid direction.

(Harish Kumar, J) rohit/- U