Asha Devi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7104 of 2017 ====================================================== 1.

Asha Devi W/o Hari Narayan Baitha 2.

Kalpatiya Devi @ Kalpati Devi W/o Baban Bind 3.

Bigna Devi W/o Shyam Narayan Baitha 4.

Munni Devi W/o Hira Ram 5.

Sukiya Devi W/o Hari Bind All residents of village - Dhanadhi, P.O. Derwa Kudra, P.S. - Mohaniya, District - Kaimur Bhabua. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Kaimur, Bhabua.

3.

The District Incharge Officer, Madhyahan Bhojan Yojna, Kaimur Bhabua. 4.

The District Programme Officer, Kaimur.

5.

The Block Education Officer, Kudra Kaimur.

6.

The Devbansh Chaudhary, Head Master, Utkramit Middle School, Dhanadhi Kudra Kaimur.

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

For the Petitioner/s :

Mr. Deepak Kumar For the Respondent/s :

Mr. Prabhakar Jha, GP-27 For the Mid Day Meal :

Mr. Girijesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-06-2024

1. Heard learned counsel for the parties concerned.

2. Learned counsel for the petitioner submits that the petitioner was engaged as Cook under the Mid Day Meal Scheme in the year 2003. However, Headmaster of the Utkramit Madhya Vidyalaya, Dhanadhi, stopped taking work from the petitioner since 20.02.2015.

Patna High Court CWJC No.7104 of 2017(3) dt.24-06-2024 2/3

3. The petitioner has filed representation before the Director, Madhyahan Bhojan Yojna Samiti on 08.09.2015 as well as the District Magistrate, Kaimur, Bhabhua, on 20.08.2015, annexed at Annexure 2 series.

4. Learned counsel for the State submits that the post of Cook is not a statutory and/or Civil post and the same has been filled by some other person in the year 2015 itself.

5. Learned counsel for the petitioner submits that the petitioner has worked for 12 years and he proposes to file a fresh representation before the District Programme Officer, Mid Day Meal Scheme, Kaimur, for consideration of his case for engagement as Cook under the Mid Day Meal Scheme at other places.

6. Taking into consideration the nature of prayer, let a representation be filed by the petitioner before the District Programme Officer, Mid Day Meal Scheme, Kaimur, within a period of two weeks.

7. It is made clear that if a representation is filed by the petitioner, the District Programme Officer, Mid Day Meal Scheme, Kaimur, shall dispose the same in accordance with law within a maximum period of three months from the date of receipt of the representation.

Patna High Court CWJC No.7104 of 2017(3) dt.24-06-2024 3/3

8. With the aforesaid observation and direction this writ application is disposed.

(Anil Kumar Sinha, J) ashwani/- U