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Patna High CourtCWJC/17621/2013dismissed

Shweta Devi @ Sweta Kumari v. The State Of Bihar And ORS

2023-01-17Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17621 of 2013 ====================================================== Shweta Devi @ Sweta Kumari W/O Raj Kumar Verma Resident Of Village - Kharaiya Basti, P.O. and Block - Araria, P.S. and District - Araria ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The State Of Bihar, Through The Principal Secretary, Department Of Social Welfare, Government Of Bi 3.

The District Magistrate, Araria 4.

The Child Development Project Officer C.D.P.O., Block - Araria, District - Araria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Nath Jha, Adv.

For the Respondent/s :

Mr. Rohitabh Das, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-01-2023 Heard the parties.

Petitioner is aggrieved by order dated 19.07.2012 passed by District Programme Officer, Araria by which the petitioner has been removed from the post of Anganwari Sahayika.

According to learned counsel for the petitioner, the petitioner preferred an appeal before District Magistrate, Araria (Annexure-5) against the order dated 19.07.2012 passed by District Programme Officer but the same has not yet been disposed.

Learned counsel for the State, on the other hand, submits that a fresh appointment on the post of Anganwari

Patna High Court CWJC No.17621 of 2013(2) dt.17-01-2023 2/2 Sahayika has been done in April 2015 pursuant to a fresh advertisement issued by the Respondent-Authority on the post from where the petitioner was removed. Accordingly, this petition becomes infructuous.

Learned counsel further submits that Annexure-5 which, the petitioner claims to be an appeal against the order passed by the District Programme Officer, Araria cannot be termed as an appeal on the face of it.

In view of the fact that a fresh appointment by way of fresh advertisement has been done on the post from which the petitioner was removed, in my opinion, no relief can be granted to the petitioner now. Accordingly, the petition stands dismissed as infructuous.

(Anil Kumar Sinha, J) perwez U