Arti Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9719 of 2019 ====================================================== Arti Ray W/o Vijay Kumar Resident of Village-Banaura,Ward No.08,PostUsari Bazar P.S. Baikunthpur,Dist.-Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary,Social Welfare Department Govt. of Bihar,New Secretariat,Patna 2.

The Director Social Welfare Department, State of Bihar,Secretariat New Building Patna 3.

The Commissioner, Saran Division Saran at Chapra 4.

The District Magistrate, Gopalganj 5.

The District Programme Officer, Gopalganj 6.

The Child Development Project Officer, Baikunthpur P.S. and Block Baikunthpur,Dist.-Gopalganj 7.

Guriya Kumara W//0 Raj Narayan Yadav Resident of Village Bandhauli Banaura,P.S.Baikunthpur,Dist.-Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar, Adv.

Mr. Vijay Bardhan Pandey, Adv.

For the Respondent/s :

Mr. Md.Raisul Haque (SC- 10) For the Pvt. Respondent :

Mr. Uday Pratap Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-09-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed for the following reliefs:- "(i) To direct the respondent authorities for compliance of the letter no. 287 dated 22.02.2019 issued by the

2/4 District Programme Officer, Gopalganj whereby and whereunder direction has been issued to the Child Development project officer, Baikunthpur (Respondent no. 6) to shift the ward as per guidelines of department and complete the selection process of Sewika Sahayika which is pending in Ward no-9.

(ii) And to also direct the respondent authorities to shift the petitioner from Ward no-9 to Ward no-8 who is already working as Anganwari Sevika at Centre No-91 of Ward No-9 of Gram Panchayat Raj Bandhauli Banaura and after completing the shifting process of petitioner proceed accordingly and complete selection process for Anganwari Sevika/ Sahayika for

3/4 Ward no-9 in Gram Panchayat Raj Bandhauli Banaura.

(iii) And further for grant any other appropriate order (S) as your lordships may deems fit and proper to the facts and circumstances of this case."

3. Learned Counsel for the State raised preliminary objection and submits that the present writ petition has now become infructuous due to the reason that some other persons who were aggrieved had come before this Hon'ble Court by filing CWJC No. 1739 of 2019 in which vide judgment dated 31.01.2019, it was directed by this Hon'ble Court to complete the process of selection within a period of eight weeks. Counsel further submits that in compliance of order passed by this Court, a fresh appointment in ward No. 8 took place and newly appointed person had joined.

4. In view of the aforesaid background, the present writ petition is dismissed as having become infructuous but liberty is hereby granted to the petitioner that if cause of

4/4 action still revives for him, he may challenge the said appointment before the appropriate authority in accordance with law.

(Dr. Anshuman, J) Aman Kumar/- U