Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15087 of 2021 ====================================================== Kanchan Devi Wife of Late Manoj Mandal Resident of Ward No.- 16, Shiv Kumari Pahar, Kahalgaon, P.S.- Kahalgaon, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.

2.

Divisional Commissioner, Bhagalpur Commissionary, Bhagalpur. 3.

District Magistrate cum Collector, Bhagalpur. 4.

District Education Officer, Bhagalpur.

5.

District Programme Officer, Bhagalpur.

6.

Child Development Project Officer (CDPO), Kahalgaon. 7.

Rinku Kumari W/o Shri Vasudeo Shah, S/o Sambhu Shah Resident of Mohalla- Shiv Kumari Pahar, Kahalgaon, Nagar Panchayat, Ogarri, Ward No. 16, P.S.- Kahalgaon.

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

For the Petitioner/s :

Mr.Deepak Kumar Sinha, Adv.

Ms. Sukanya Bharti, Adv.

For the Respondent/s :

Mr.Md. Raisul Haque (Sc10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). To quash the order dated 16.12.2020 vide misc. Aaganwari revision case no. 13/2020-21 passed by the learned Court of Commissioner Bhagalpur Commissionary, Bhagalpur by which revision case of petitioner with regard to appointment of anganwadi Sewika was dismissed merely on the ground of non-joinder party i.e. State of Bihar arises out of order of the learned Court of Collector Bhagalpur dated

Patna High Court CWJC No.15087 of 2021(2) dt.10-01-2024 2/2 31.01.2020 in miscellaneous (Anganwadi Appeal case no. 23/ 2016-17) on the same issue.

(ii). To further quash the order dated 31.01.2020 passed by learned Court of Collector, Bhagalpur with regard to appointment of petitioner to the post of Aganwadi Sewika vide miscellaneous appeal case no. 23/2016-17.

(iii). To Command and direct the respondents to appoint the petitioner to the post of Anganwadi Sewika at centre no. 297 Kahalgaon, Bhagalpur after quashing aforesaid both the order of commissioner and collector concern as well as illegal appointment of private respondent no. 7, namely Rinku Kumari."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law including that of filing a suit before the learned Civil Court having competent jurisdiction. Liberty, so sought, is granted. 3.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U