Usha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.437 of 2021 ====================================================== Usha Kumari Wife of Shiv Kumar Mahto, Resident of Village - Bagwara, Gram Panchayat Raj Hardi, Ward No. 1, Police Station- Kathaiya, Block and Circle - Motipur, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director Welfare Department, Govt. of Bihar, Patna.

2.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 3.

The Deputy Director Welfare Department, Tirhut Division, Muzaffarpur. 4.

The Collector, District Muzaffarpur.

5.

The District Programme Officer, District Muzaffarpur. 6.

The Child Development Project Officer, Motipur, District Muzaffarpur. 7.

Smt. Hajra Khatoon @ Smt. Hazra Khatoon, Wife of Md. Nareshad Alam, Resident of Village - Bagwara, Gram Panchayat Raj Hardi Ward No. 1, Police Station- Khathaiya, Block and Circle Motipur, District - Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Upendra Kumar Chaubey, Advocate For the Respondent/s :

Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 13-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. Learned counsel for the petitioner is hereby directed to furnish a copy of the petition to learned counsel for the Staterespondents. Service of notice to seventh respondent- Hajra Khatoon @ Hazra Khatoon is dispensed since no adverse order is passed against her.

Patna High Court CWJC No.437 of 2021 dt.13-01-2022 2/3 In the instant petition, petitioner has prayed for the following reliefs:- "For issuance of a writ in the nature of mandamus and/or any other appropriate writ, order, direction commanding upon the respondents to consider the case of the petitioner for appointment of Anganbari Sevika at Centre Code No. 352 Bagwara Ward No.

1 Motipur, District Muzaffarpur and further for direction to the Respondents to produce the appointment letter of the Respondent No. 7 in Court by which she has been appointed as Anganbari Sevika of the said centre and further for issuance of a writ in the nature of certiorari to quash the said appointment letter of the Respondent No. 7 on its production. And further to quash the proposal No. 2 and 3 of the proceeding dated 10.07.2020 of the selection committee by which the decision was taken to place the Respondent No. 7 at serial No. 1 of the merit list and the decision has been taken to appoint her as Anganbari Sevika for the said Anganbari Centre Bagwar Code No. 352, Motipur, Muzaffarpur."

Petitioner has already preferred an appeal/representation before the appellate authority on 06.08.2020 and 07.08.2020. Therefore, the appellate authority is hereby directed to consider the petitioner's appeal after giving due opportunity of hearing to the petitioner and seventh respondent-Hajra Khatoon @ Hazra Khatoon. The above exercise shall be completed within a period of four months from the date of receipt of this order.

Patna High Court CWJC No.437 of 2021 dt.13-01-2022 3/3 With the aforesaid observations, the writ petition stands disposed off.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A