Kamini Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13160 of 2019 ====================================================== Kamini Devi, Wife of Rajeev Kumar Patel, Resident of Village- Damador Chapra, Ward No. 11, Basantpur Uttari, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Social Welfare Department, Bihar, Patna.

2.

The Director, Department of Integrated Child Development, Bihar, Patna. 3.

The Secretary, Department of Integrated Child Development, Bihar, Patna. 4.

The District Magistrate, Muzaffarpur.

5.

The Addl. Collector, Muzaffarpur.

6.

The S.D.O., West, Muzaffarpur.

7.

The District Program Officer, Department of Integrated Child Development, Muzaffarpur.

8.

The District Welfare Officer, Muzaffarpur.

9.

The Child Development Project Officer, Saraiya, Muzaffarpur. 10.

Sudha Kumari, Observer, P.S. and Block- Saraiya, District- Muzaffarpur. 11.

Sandhya Kumari, Wife of Uma Shankar Kumar, Resident of VillageDamador Chapra, Ward No. 11, Basantpur, Uttari, P.S.Saraiya, DistrictMuzaffarpur, Centre No. 279 12.

Anshu Kumari, Resident of Village- Damador Chapra, Ward No. 11, Basantpur Uttari, P.S. Saraiya, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore For the Respondent/s :

Ms. Kumari Amrita (GP3) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-07-2019 Heard the learned counsel for the parties.

The petitioner, who is a Ward Member, has challenged the appointment of private-respondent nos. 11 and 12, who have, according to the petitioner, unauthorizedly appointed as Anganwari Sevika and

Patna High Court CWJC No.13160 of 2019(2) dt.03-07-2019 2/3 Anganwari Sahayika at the concerned Anganwari Centre. It has been submitted on behalf of the petitioner that pursuant to an advertisement issued on 27.11.2018 seeking application from the desirous candidates for being appointed as Anganwari Sevika and Anganwari Sahayika, many candidates had applied. However, the appointment process was absolutely faulted and in fact private-respondent nos. 11 and 12 managed to have a meeting of Aam Sabha held without participation of concerned persons including the Ward Member. Stealthily, it has been urged, the privaterespondent no. 11 and 12 have been appointed as Anganwari Sevika and Anganwari Sahayika respectively at the concerned Anganwari Centre.

A complaint was made by the petitioner in her capacity as Ward Member before the SDO, who asked for a report regarding such complaint from the C.D.P.O., Saraiya, Muzaffarpur. When no action was taken thereafter, the petitioner approached the District Magistrate, Muzaffarpur, but till date, the grievance of the petitioner has not been redressed.

The petitioner under the aforesaid circumstances

Patna High Court CWJC No.13160 of 2019(2) dt.03-07-2019 3/3 is directed to make a detailed representation with necessary facts and proof in favour of such facts before the District Programme Officer, Muzaffarpur (Respondent No. 7) within a period of four weeks, who, on receipt of such representation / complaint, shall look into the matter and after affording hearing to the concerned parties shall pass a reasoned order in accordance with law within a further period of eight weeks. If the petitioner still feels aggrieved by the order of the District Programme Officer, Muzaffarpur, she will have the option of challenging such order before the District Magistrate, Muzaffarpur, who would be under an obligation to look into the entire set of facts and pass necessary orders in accordance with law.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U