Rekha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.58 of 2021 ====================================================== Rekha Kumari Wife of Chhote Kumar Sah Resident of Village- Chichri Panchayat Tehwara Ward No. 2, Post Office- Tehwara, Police Station- Katra, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Social Welfare Department, Government of Bihar, Patna 2.

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

The District Magistrate, Muzaffarpur 4.

The District Programme Officer, Muzaffarpur 5.

The Block Development Officer, Katra, Muzaffarpur 6.

The Block Education Officer, Katra, Muzaffarpur 7.

The C.D.P.O. Kata, Muzaffarpur 8.

Smt. Shipmala Kumari Wife of Shambhu Paswan Resident of VillageChichri Ward No.-2, Post Office- Tehwara, Police Station- Katra, DistrictMuzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv.

For the Respondent/s :

Mr. Prashant Pratap, GP-2 Mr. Lala S.N. Rais, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 27-10-2021 Heard learned counsel for the petitioner as well as learned counsel for the State.

2. In the instant petition, petitioner has prayed for following relief:

"For issuance of Writ/Order/Direction(s) in the nature of mandamus commanding upon the respondent specially D.P.O., Muzaffarpur, to reinstate/appoint the petitioner on the post of

Patna High Court CWJC No.58 of 2021 dt.27-10-2021 2/3 Anganwari Sahayika at Panchayat Tehwara, village of Chichari ward no. 2 and quash order dated 10.03.2018 (Annexure-5) by which order the petitioner has been terminated as Anganwari Sahayika without adopting/following the direction/norms issued in the Circular of appointment/Selection for the post of Anganwari Sahayika and to stop further publication of new advertisement for appointment/Selection of Anganwari Sahayika in village- Chichari,ward no-2 Tehwara Panchiyat, Katra, Muzaffarpur."

3. From the perusal of the pleading it is evident that petitioner has preferred appeal before the appellate authority against the impugned order dated 10.03.2018 passed by the District Programme Officer, Muzaffarpur (Annexure-5) and it is pending for consideration.

4. In the light of the prayer sought in the present petition, the petition could be disposed of with consent of the respective parties.

5. The appellate authority is hereby directed to consider and redress the grievance of the petitioner stated in the memorandum of appeal, if it is not already disposed of. Above exercise shall be completed within a period of two months from the date of receipt of this order. The appellate authority is hereby directed to pass a speaking order and communicate the same to the petitioner within the time limits stipulated (supra).

Patna High Court CWJC No.58 of 2021 dt.27-10-2021 3/3

6. With the aforesaid observation, the writ petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE N.A.

Uploading Date 29.10.2021 Transmission Date