Sunita Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23387 of 2013 ====================================================== Sunita Gupta Wife Of Santosh Gupta Resident Of Village - Telhara Kala, P.O. - Telhara Kala, P.S. - Kundwa Chainpur, Dist - East Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar, through the Principal Secretary Social Welfare Department, Bihar, Patna 2.

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

The District Magistrate, East Champaran Motihari 4.

The District Program Officer, East Champaran Motihari 5.

The C.D.P.O. Dhaka, East Champaran 6.

The B.D.O. Dhaka, East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar 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 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

Patna High Court CWJC No.23387 of 2013(2) dt.25-01-2023 2/2 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.

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

(Sanjeev Prakash Sharma, J) Brajesh Kumar/- Item no.80 U