Patna High CourtCWJC/18164/2008dismissed

Kanchan Mala And ANR v. The State Of Bihar And ORS

2017-07-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18164 of 2008 ===========================================================

1. Kanchan Mala, wife of Sri Mukesh Chandra Sharma, resident of VillageJaymangal Tola, P.O. + P.S. Shahu Parwatta, District- Bhagalpur.

2. Annu Kumari @ Anu Kumari, daughter of Sri Rajendra Mandal, resident of Mohalla- R V Surya Prasad Road, Chhoti Khanjarpur, District- Bhagalpur. .... .... Petitioners

Versus

1. The State of Bihar.

2. Director, I.C.D.S. Social Welfare Department, Government of Bihar, Patna.

3. Secretary, Kasturwa Gandhi Shanti Kendra, Anganbari Training Centre, C.C. Mukherjee Road, Adampur, Bhagalpur, District- Bhagalpur.

4. District Programme Officer, Bhagalpur, District- Bhagalpur.

5. District Magistrate, Bhagalpur, District- Bhagalpur.

6. Deputy Director Welfare, Bhagalpur, District- Bhagalpur.

7. District Welfare Officer, Bhagalpur, District- Bhagalpur. .... .... Respondents =========================================================== Appearance :

For the Petitioner : None For the Respondents : Mr. P. Tekriwal, GA-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 03-07-2017 The present writ petition has been filed for a direction to the respondents to make payment of salary/honorarium to the petitioners for the period 14.01.2005 onwards with interest together with consequential benefit.

2. None appears on behalf of the petitioners despite repeated calls.

3. Learned counsel for the respondents raises a preliminary objection on the maintainability of the present writ petition. It is pointed out that the petitioners have been appointed as Principal and Instructor respectively in the Kasturba Gandhi Shanti

Patna High Court CWJC No.18164 of 2008 dt.03-07-2017 2/2 Kendra registered under the Indian Trust Act, 1882, being a private Anganwari Training Center and as such the present writ petition is not maintainable as the State has no concern with such Trust.

4. Having regard to the above stand of the respondents, the writ petition stands dismissed.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 06.07.2017 Transmission Date N.A.