Mamta Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23995 of 2013 ====================================================== Mamta Devi Daughter Of Manoj Kumar Paswan Resident Of Village - Bishnupur, P.S. Kusheshwar Asthan, District - Darbhanga ... ... Petitioner/s

Versus

1.

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

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

The Director, Social Welfare Department Government Of Bihar, Patna 4.

The Commissioner, Darbhanga 5.

The Director, Human Resources Bihar, Patna 6.

The Director, Social Welfare, Bihar, Patna 7.

The Sub Divisional Officer, Biraul, District - Darbhanga 8.

The Deputy Development Commissioner, Darbhanga 9.

The District Programe Officer, Darbhanga 10.

The Child Development Programme Officer, Kusheshwar Asthan District - Darbhanga 11.

The Block Development Officer, Kusheshwar Asthan District - Darbhanga 12.

The Mukhiya Gram Panchayat Raj Beri District - Darbhanga 13.

The Panchayat Secretary, Gram Panchayat Raj Beri Panchayat, District - Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Respondent/s :

Mr.Namrta Mishra ====================================================== 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

Patna High Court CWJC No.23995 of 2013(2) dt.25-01-2023 2/3 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.

Accordingly, this writ petition is dismissed with the

Patna High Court CWJC No.23995 of 2013(2) dt.25-01-2023 3/3 aforesaid liberty.

(Sanjeev Prakash Sharma, J) Brajesh Kumar/- Item no.87 U