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Patna High CourtCWJC/16390/2013dismissed

Asha Devi v. The State Of Bihar And ORS

2023-01-10Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16390 of 2013 ====================================================== Asha Devi W/O Sri Kanchan Prasad Gupta Resident Of Village- Sohjana, P.SJhajha, District- Jamui. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Divisional Commissioner, Munger.

3.

The District Magistrate, Jamui.

4.

The District Programme Officer, Jamui.

5.

The Child Development Project Officer, Jamui. 6.

The Block Development Officer- Cum- Executive Officer, Nagar Panchayat Jhajha, P.O P.S- Jhajha, District- Jamui.

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

For the Petitioner/s :

Mr.Prakash Mahto, Adv.

For the Respondent/s :

Mr.S.A. Alam, SC III ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 10-01-2023 Heard the parties.

The petitioner assails the order dated 02.02.2010 whereby she has been relieved from the post of Aagan Bari Worker by the District Magistrate, Jamui, on the ground that she was not found to be performing her duties and surprise inspection conducted on 25.08.2009 and 28.08.2009. She was not found to be performing her duties.

Learned counsel submits that the petitioner has submitted certificates to show that she was not well on account thereof she had taken leave from 1st July, 2009.

Patna High Court CWJC No.16390 of 2013(2) dt.10-01-2023 2/2 I have considered the submissions.

Post of Aagan Bari Worker is an ex-cadre contractual post under scheme, no right under Article 311 of the Constitution of India would be available to persons not holding a public post. It is further pointed out that the explanation given by the petitioner was not found to be satisfactory by the appointing authority, appeal thereof has also been rejected. No case of interference is just made out. The writ petition is dismissed.

(Sanjeev Prakash Sharma, J) Shamshad/- Item No. 29 U