Binita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21191 of 2013 ====================================================== Binita Kumari Wife Of Sri Shiv Kumar Sah Resident Of Village - Kadmaha, P.O. - Mungraha, P.S. - Marauna, District - Supaul ... Petitioner

Versus

1.

The State Of Bihar 2.

The District Magistrate, Supaul 3.

The District Programme Officer, Supaul 4.

The Child Development Project Officer, Marauna ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Suraj Narain Yadav, Adv.

For the Respondent/s :

Mr.Sita Ram Yadav, GP XVI with Mr. Jitendra Kumar, AC to GP XVI ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 02-02-2023 1.

In this writ petition grievance raised is relating to appointment of Anganwadi Worker.

2.

In CWJC No. 21963 of 2014 decided on 12.12.2022 (Reena Kumari Vs. State of Bihar & Ors.,) this Court has held that the post of Anganwadi Worker does not fall within the purview of State or Subordinate Services. The post of Anganwadi Worker is under a scheme introduced by Govt. of India and respective State Governments and regulated by guidelines which are non-statutory and therefore not enforceable in law. The appointment is on honorarium basis and no statutory procedure has been laid down.

Patna High Court CWJC No.21191 of 2013 dt.02-02-2023 2/2 3.

Of course, under the guidelines, grievance against appointment of Anganwadi Worker can be raised before the Collector of concerned District with a further revision to the Commissioner.

4.

Even the orders passed by the Collector or the Commissioner would not be a subject matter of judicial review as the power being exercised by them relating to a dispute of Anganwadi Worker is under guidelines and they do not act as a statutory authority while deciding such dispute. In view thereof, the writ petition would not be maintainable even against the orders of the Collector or the Commissioner.

5.

Leaving it open to the respective writ petition to avail any of the aforesaid remedies, if they have not so availed, the writ petition is held to be not maintainable. 6.

Accordingly, this writ petition is dismissed with the aforesaid liberty.

7.

If an appeal/revision is filed, the same shall be decided expeditiously within a period of six months and the question of limitation will not arise.

(Sanjeev Prakash Sharma, J) Shamshad/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.02.2023 Transmission Date NA