Patna High CourtL.P.A/1943/2015dismissed

Meena Devi v. The State Of Bihar And ORS

2017-01-27Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1943 of 2015 IN Civil Writ Jurisdiction Case No. 12717 of 2015 =========================================================== Meena Devi Wife of Uday Ram @ Sanjay Ravidas, resident of village - Biphosharif, P.O. - Biposharif, P.S. - Chandauti, District - Gaya. .... .... Appellant/s

Versus

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

2. The Director, Integrated Child Development Service ( ICDS), Directorate, Social Welfare Department, Bihar, Patna.

3. The Collector, Gaya.

4. The Deputy Director, Welfare, Magadh Division, Gaya.

5. The District Program Officer, Gaya.

6. The Child Development Project Officer ( C. D. P.O. ), Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar Ghosarvey For the Respondent/s : Mr. Arvind Ujjwal- SC-4 Mr. Upendra Pratap Sinha, AC to SC-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 27-01-2017 Delay of one day is condoned.

I. A. No. 8648 of 2015 is allowed.

The matter thereafter has been heard on merits. The Learned Single Judge has considered the matter in its right perspective. The engagement of the appellant as an Anganwari Sevika is not a case of permanent appointment under the State. If the authorities have found deficiency, she may have

Patna High Court LPA No.1943 of 2015 dt.27-01-2017 2/2 common law remedy, if she is still insisting to pursue the matter. There cannot be any compulsion to exercise discretion, after consideration of the issue by the subordinate authorities and forums, which led to removal of the petitioner as an Anganwari Sevika. Appeal has no merit, it is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) SKM/- AFR/NAFR N.A.F.R.

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