Nilam Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21846 of 2013 ====================================================== Nilam Kumari Daughter Of Mewalal Singh, Wife Of Sunil Kumar Resident Of Village - Gaurihar, P.O. Gaurihar Khalik Nagar, P.S. Sakra, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary Government of Bihar, Patna 2.

The Principal Secretary, Department Of Social Welfare Government Of Bihar, Patna 3.

The Commissioner Tirhut Division At Muzaffarpur 4.

The Director, Directorate Of Integrated Child Development Service I.C.D.S. Bihar, Patna 5.

The District Magistrate,Muzaffarpur, District - Muzaffarpur 6.

The District Program Officer Muzaffarpur, District - Muzaffarpur 7.

The District Welfare Officer Muzaffarpur, District - Muzaffarpur 8.

The Child Development Program Officer, Sakra Block - Sakra District - Muzaffarpur 9.

The Panchayat Secretary, Gram Panchayat Raj Gaurihar Khalik Nagar Block - Sakra District - Muzaffar 10.

The Mukhiya Gram Panchayat Raj Gaurihar Khalik Nagar Block - Sakra District - Muzaffarpur 11.

Kavita Kumari Wife Of Sunil Kumar Resident Of Village - Gaurihar, P.O. Gaurihar Khalik Nagar, P.S. Sakra, District - Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anis Akhtar For the Respondent/s :

Mr. Abhay Shankar Jha For the State :

Mr. Anuradha Singh, SC-21.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 25-01-2023 In this writ petition grievance raised is relating to appointment of Anganwari Worker In CWJC No. 21963 of 2014 decided on 12.12.2022 (Reena Kumari Vs. State of Bihar & Ors.,) this Court has held

Patna High Court CWJC No.21846 of 2013(2) dt.25-01-2023 2/3 that the post of Anganwari Worker does not fall within the purview of State or Subordinate Services. The post of Anganwari Worker is under a scheme introduced by Govt. of India and respective State Govts. 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.

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

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 Anganwari Worker is under guidelines and they do not act as a statutory authority while deciding such dispute. Leaving it open to the respective writ petition to awake any of the aforesaid remedies, if they have not so availed, the writ petition is held to be not maintainable. In view thereof, the writ petition would not be maintainable even against the orders of the Collector or the Commissioner.

Patna High Court CWJC No.21846 of 2013(2) dt.25-01-2023 3/3 Accordingly, this writ petition is dismissed with the aforesaid liberty.

(Sanjeev Prakash Sharma, J) Brajesh Kumar/- Item no.59 U