Urmila Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24500 of 2013 ====================================================== Urmila Devi, W/o Sri Babulal Ram, R/o village-Mirbhitta, P.S.-Powakhali, District-Kishanganj ... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Social Welfare Department, Bihar, Patna.

2.The Director, Integrated Child Development Scheme, Patna.

3. The District Magistrate, Kishanganj.

4. The District Program Officer, Kishanganj, Office of the Child Development Scheme, Kishanganj.

5. The District Development Program Officer, Thakurganj, Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajkumar Rajesh, Advocate For the State :

Mr.Vivek Anand Amritesh, AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2023 The present writ petition has been filed seeking the following relief:- "1. That the petitioner craves indulgence for issuance of a writ in the nature of Certiorari to quash the order dated 16.05.2013 illegally been passed by the respondent, in Appeal No.14 of 2012 issued under the signature of District Magistrate, whereby and whereunder the order of removal dated 17.02.2012 vide Memo No.09 issued by the District Programme Officer has been affirmed and accordingly the petitioner has been removed from the post of Angan Bari Sevika in malafied, arbitrary and

Patna High Court CWJC No.24500 of 2013(2) dt.06-07-2023 2/2 whimsical manner, by which the right of the petitioner has been affected."

The learned counsel for the respondent-State has referred to an order dated 10.01.2023, passed by a co-ordinate Bench of this Court in CWJC No.16533 of 2013, paragraph no.2, whereof is reproduced herein below:- "2. The petitioner assails the order of the District Magistrate rejecting the appeal of the petitioner with regard to the non-appointment on the post of Anganwadi Worker. The post of Anganwadi Worker is not a cadre post and the same is governed by guidelines issued in that respect. It is not a post under the State services and a writ petition therefore would not be maintainable with regard to the same. The appeal being heard by the District Magistrate is also under the guidelines issued for the said purpose. Keeping in view thereto, no interference is warranted in writ jurisdiction." In view of the aforesaid, the present writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) Saurav/- U