Bachchi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15910 of 2021 ====================================================== Bachchi Devi Wife of Jawahar Lal Gupta Resident of Village- Barkagaon, Gram Panchayat- Survala, Block- Pachrukhi, District- Siwan. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Department of Social Welfare, Government of Bihar, Patna.
2.
The Director, Directorate of I.C.D.S., Department of Social Welfare, Government of Bihar, Patna.
3.
The Divisional Commissioner, Saran Division at Chapra. 4.
The District Magistrate, District- Siwan.
5.
The Deputy Development Commissioner, Siwan.
6.
The District Welfare Officer, Siwan.
7.
The Child Development Project Officer, Pacharukhi, Siwan. 8.
The Panchayat Secretary, Gram Panchayat Raj, Survata, Block- Pacharukhi, Siwan, District- Siwan.
9.
Sushila Kumari Wife of Shyamal Kishore Manjhi Resident of VillageBarakagaun, P.O.- Barkagaon, Block- Pachrukhi, P.S.- Sarai (O.P.), Siwan, District- Siwan.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Chandra Mishra, Advocate For the State :
Mr.Md. Raisul Haque ( SC-10 ) For the Respondent No. 9: Mr. Sanjay Parasmani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2024 The present writ petition has been filed seeking the following reliefs:- "1.(i) For issuance of an appropriate writ/ writs in the nature of Certiorari for quashing the impugned order dated 07 11.2019 (Annexure-13) passed in Anganbari Appeal No.55/2019 passed by Respondent
Patna High Court CWJC No.15910 of 2021(2) dt.18-01-2024 2/3 No.3 i.e. the learned Divisional Commissioner, Saran Division at Chapra in pursuance of order dated 08.04.2019 (Annexure-10) passed by this Hon'ble Court in Petitioner's C.W.J.C. No 11354 of 2014 whereby and whereunder the appointment of the Respondent No. 9 namely Sushila Kumari has been wrongly and illegally upheld merely on wrong and perverse report of Respondent No 4 i.e. the District Magistrate-cum-Collector, DistrictSiwan contained in Letter No. 1071 dated 06.11.2019 and as a result of which the petitioner being entitled for her reinstatement on her post of Anganbari Sewika has stood rejected, but, in view of the facts and circumstances of the case and law the impugned order is liable to be quashed and the petitioner is entitled to be reinstated on the post of the said Anganbari Sevika of Baraka Gaon Angan Bari Centre No.44 falling under Gram Panchayat Survala, Block-Pachrukhi, DistrictSiwan.
(ii) Further, the concerned
Patna High Court CWJC No.15910 of 2021(2) dt.18-01-2024 3/3 respondents be directed to reinstate the petitioner forthwith on the aforesaid post of Anganbari Sewika with all consequential benefits with arrears of salary etc."
2.
At the outset, 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 Ld. Civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is granted.
3.
The writ petition stands dismissed as not pressed.
(Mohit Kumar Shah, J) S.Sb/- U