Neelam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.736 of 2021 ====================================================== Neelam Devi Wife of Abhay Kumar Singh Resident of Village and P.O.- Kisanpur Baikunth, P.S.- Warisnagar, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary Social Welfare, Department, Bihar, Patna. 3.

The Director Directorate of Integrated Child Development Service, Bihar, Patna.

4.

The District Magistrate Samastipur.

5.

The District Programme Officer Samastipur.

6.

The Child Development Project Officer Warisnagar, Samastipur. 7.

Annu Kumari Wife of Prabhakar Singh Resident of Village and P.O.- Kisanpur Baikunth, P.S.- Warisnagar, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Hussamuddin Azad For the Respondent/s :

Mr. Gyan Prakash Ojha, GA 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 17-01-2022 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for Respondent Nos. 1 to

6. Service of notice to Respondent No. 7 is dispensed.

3. In the instant petition, petitioner has prayed for the following relief/reliefs:

"(i) For quashing of the order dated 08.06.2020 (Annexure 5) passed in case No.-78/2018 by the District Programme Officer, Samastipur, whereby and whereunder the claim of the petitioner to be appointed to the Post of Anganwari Sevika has been rejected though the petitioner

Patna High Court CWJC No.736 of 2021 dt.17-01-2022 2/2 holds higher marks then the selected candidate respondent No. 07 namely Annu Kumari and all amongst 4 candidates. (ii) For issuance of a direction commanding the respondents authority to appoint the petitioner to the Post of Anganwari Sevika, since she has been figured at Serial No. 1 as per the merit list and treating her appointed from the date 07.12.2016 as regular employee with full back wages and allowances.

(iii) For any other relief/reliefs to which the petitioner is found legally entitled for the meet of justice."

4. The petitioner's appeal vide Annexure-6 is pending consideration before the Appellate Authority. The Appellate Authority is hereby directed to decide the petitioner's appeal within a period of four months from the date of receipt of this order after giving ample opportunity of hearing to the Respondent No. 7 - Annu Kumari.

5. With the above observation, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 26.01.2022 Transmission Date