Smt. Veena Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1794 of 2012 IN Civil Writ Jurisdiction Case No. 13537 of 2012 =========================================================== Smt. Veena Devi, W/O Shree Manoj Kumar Choudhary, resident of Village + Post Aktiharpur, P.S. Bikaram, Distt. Patna.

.... .... Appellant

Versus

1. The State of Bihar, through the District Magistrate, Patna.

2. The Civil Surgeon, Patna.

3. The Medical Officer Incharge Primary Health Centre Bikrama (Patna)

4. Smt. Bijami Devi W/O Luxuman Mochi Village + Post Aritharpur, P.S. Bikram, Distt. Patna .... .... Respondent =========================================================== Appearance :

For the Appellant : Mr. D. K. Tandan , Advocate Mr. Shakti Suman Kumar, Advocate For the Respondents-State : Mr. Anjani Kumar A.A.G.-6 Mr. Sanjay Prasad, A.C. to A.A.G.-6 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 26-02-2016 The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 08th August, 2012, whereby the writ petition filed by the appellant challenging her disengagement as an "Asha" worker remained unsuccessful.

The appellant was appointed as an "Asha" worker, that is under a welfare scheme for women and children sponsored by the Central Government. However, subsequently, the appellant was elected as Panchayat representative. Since the appellant became

Patna High Court LPA No.1794 of 2012 dt.26-02-2016 2/2 representative of a Panchayat, therefore, her services as "Asha" worker were disengaged. Aggrieved by such order, the appellant filed a writ application which remained unsuccessful for the reason that in view of her responsibility as Panchayat representative, it will hinder her work as "Asha" worker and she cannot be allowed to handle both the assignments.

In fact, in the capacity of Panchayat representative, the appellant is to supervise the work of the "Asha" worker. Therefore, the appellant cannot be permitted to make a grievance in respect of her disengagement as "Asha" worker in view of subsequent development of her being elected as a representative of a Panchayat. We do not find any error in the order passed by the learned Single Bench of this Court which may warrant interference in the present Letters Patent Appeal.

The Letters Patent Appeal thus stands dismissed. (Hemant Gupta, J) (Navaniti Prasad Singh, J) Sunil/- U