Chandrakala Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20087 of 2013 Chandrakala Devi Wife Of Ram Lagan Mahto Resident Of Village - Shisho West , P.S. Darbhanga Sadar, District - Darbhanga ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

Director, I.C.D.S. Bihar, Patna 3.

District Magistrate - Cum - Collector, Darbhanga 4.

District Programme Officer, Darbhanga 5.

Child Development Project Officer, Darbhanga Gramin, District - Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar For the Respondent/s :

Mr. Shyam Kishor Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-02-2023 Heard learned counsel for the parties concerned. The petitioner has filed this writ application against the order dated 06.03.2012 vide Memo No. 656 passed by the District Programme Officer, Darbhanga and order dated 07.02.2013 vide Miscellaneous Appeal No. 64 of 2012 passed by the District Magistrate, Darbhanga, whereby the petitioner has been terminated from the post of Anganbari Sevika at Anganbari Centre No. 29, Gram Panchayat Shisho West, P. S. Block Sadar, Darbhanga.

A Division Bench of this Court, in the case of Neetu Kumari vs. The State of Bihar and Others, reported in (2011) 4 PLJR 20, has held in paragraph nos. 4 and 5 as follows:- "4. In our considered view, the post of Anganbari Sevika is not a post having

Patna High Court CWJC No.20087 of 2013(2) dt.09-02-2023 2/2 security of tenure or protection under Article 311 of Constitution of India. Considering the very nature of engagement which provides for honorarium, we are of the view that in case the appellant still feels aggrieved, she may approach the Civil court for damages.

5. There is nothing at stake in such a scheme other than honorarium. For such contractual engagements the relief of reinstatement is not appropriate and even if there is breach of the scheme or any other principle of law, the claim should ordinarily be permitted, if found good on merits, only for damages".

Further, a Single Bench of this Court, vide order dated 04.01.2023, passed in CWJC No. 14727 of 2013 (Suhana Khatoon vs. The State of Bihar and others) has held that "the post of Anganwari Worker is not a cadre post and the same is governed by guidelines issued in that respect. It is not a post under the State services and a writ petition therefore would not be maintainable with regard to the same".

In view of the above, this writ application is not maintainable and the same is, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U