Bibi Sarwari Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 10634 of 2008 ====================================================== Bibi Sarwari Khatoon wife of Md. Zulfikar, Resident of village- Daharpur, P.S. Goradih, District - Bhagalpur.

.... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Welfare department, Govt. of Bihar, Patna.

3. The Director, Integrated Child Development Programme, Govt. of Bihar, Patna.

4. The District Magistrate, Bhagalpur.

5. The District Welfare Officer, Bhagalpur.

6. The Block Development Officer, Gauradih Block, Distt. Bhagalpur.

7. The C.D.P.O. Gauradih Block, District - Bhagalpur.

8. The Mukhiya, Daharpur Gram Panchayat, Gauradih Block, District - Bhagalpur.

9. Khalda Manjar @ Khalda Begam, wife of Manjrul Haque, Resident of Sarth Daharpur, P.S. Goradih, District - Bhagalpur. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Indeshwari Pd.Mandal For the Respondent/s : AC to Addl. Advocate General - 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

10-04-2015 Heard learned counsel for the petitioner and learned A.C. to Addl. Advocate General - 9.

Though, the writ petition was filed in the year 2008, till date no counter affidavit has been filed. Accordingly, instead of asking the State to file counter affidavit, the Court proposes to dispose of the present writ petition, in view of nature of relief sought for in the petition.

The petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for directing the respondents to appoint her as Anganbari Sevika in

Patna High Court CWJC No.10634 of 2008 (2) dt.10-04-2015 2/2 respect of Daharpur Gram Panchayat, Gauradih Block in the district of Bhagalpur.

It has been claimed that respondent no. 9 has been appointed, who was not resident of the area, in respect of Anganbari centre, where appointment has been made. It has further been claimed that the petitioner has also filed representation before the District Magistrate, however; no decision has been taken till date.

In view of nature of relief sought for in the petition as well as facts and circumstances, the present writ petition stands disposed of granting liberty to the petitioner to file a proper complaint in view of clause 8 of the guidelines of the appointment of Anganbari Sevika/Sahaika supported with an affidavit in respect of claim of the present writ petition before the District Magistrate/competent authority. If such complaint is filed within a period of eight weeks from today, the Court expects that the District Magistrate/competent authority may get the matter enquired and pass appropriate order, preferably; within a period of three months from the date of filing of such complaint. The writ petition stands disposed.

(Rakesh Kumar, J.) Anay/- U