Munni Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14491 of 2015 ====================================================== Munni Kumari wife of Shankar Yadav Resident of Village- Sadinha, P.s Bhagwanpur Hat, District Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director, I.C.D.S Welfare Department Government of Bihar,Patna. 3.

The Commissioner ,Saran.

4.

The District Magistrate, siwan.

5.

The District Programme Officer, Siwan.

6.

The Sub-Divsional officer, Maharajganj ,Siwan. 7.

The Block Development Officer, Bhagwanpur Hat Block, District Siwan. 8.

The Child Development Programme Officer, Bhaganpur, Hat Siwan. 9.

Lilawati Kumari wife of Pintu Yadav Resident of Village- Sodinha, P.s Bhagwanpur Hat, District Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Shekhar Tiwary, Adv.

For the Respondent No. 9 :

Mr. Umesh Kumar Mishra, Adv.

For the State :

Mr. W.A. Khan, AC to SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 02-01-2023

1. The petitioner has assailed the order that the respondent was appointed in place of the petitioner as Anganwadi worker. It is informed that while after filing of this writ petition, the petitioner has also filed an appeal before the concerned Collector who is authorized to decide such disputes.

2. Learned counsel submits that direction be issued to the District Magistrate Siwan to decide the appeal.

3. Learned counsel appearing for the State submits

Patna High Court CWJC No.14491 of 2015(2) dt.02-01-2023 2/2 that he would be satisfied if a direction is issued in this regard, otherwise the writ petition is not maintainable.

4. Keeping in view that the post of Anganwadi worker is not a cadre post, the writ petition would not lie for the said purpose. However, as an appeal has already been preferred before the concerned District Magistrate, it is directed that he shall decide the dispute raised by the petitioner after giving opportunity to the other side within a period of two months henceforth.

5. The writ petition is disposed of accordingly. (Sanjeev Prakash Sharma, J) Sachin/- Item No. 42 U