Mina Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17631 of 2013 ====================================================== Mina Devi Wife Of Shri Dulal Mandal Resident Of Village Bhuthawari, P.S. Manihari, District Katihar ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors Government Of Bihar, Patna 2.

Divisional Commissioner, Purnea 3.

The District Magistrate, Katihar 4.

The Deputy Development Commissioner, Katihar 5.

The District Welfare Officer, Katihar 6.

The Child Development Project Officer, Manihari, District Katihar 7.

Awadhesh Kumar Singh, The Chairman-Cum-Mukhia, Urnon Panchayat, Dilarpur Panchayat, Manihari, District Katihar 8.

Karamchand Mandal, Panchayat Sevak, Dilarpur, Gram Panchayat Nauhan, District Katihar 9.

Vandana Devi @ Rita Devi Wife Of Mantu Singh Resident Of Village Dilarpur, P.S. Manihari, District Katihar 10.

Sobha Devi Wife Of Dilip Kumar Mandal Resident Of Bhuthabari, P.O. Nauhan, District Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Imtiyaz Hussain For the Respondent/s :

Mr. Girija Shankar Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-01-2023 Heard the parties.

2. The petitioner has preferred the present application for setting aside the order dated 29.02.2012 passed by Respondent-Divisional Commissioner, Purnea by which the representation filed by the petitioner has been rejected. Further prayer of the petitioner is for a direction to hold a fresh selection process for the post of Angawari Sevika/Sahaiyika of Centre No 06 of Dilarpur Gram Panchayat of Manihari Block under

Patna High Court CWJC No.17631 of 2013(2) dt.17-01-2023 2/2 Katihar District.

3. Learned counsel for the petitioner submits that Respondents No. 9 and 10 have been appointed on the post of Anganwari Sevika and Anganwari Sahayika in violation of the guidelines issued for such appointment.

4. A Co-ordinate Bench of this Court in an order passed on 04.01.2023 in CWJC No. 14727/2013 has held that "the post of Anganwari Worker is not a cadre post and the same is governed by guidelines issued in that respect. It is not a post under the State services and a writ petition therefore would not be maintainable with regard to the same".

5. In view of the order passed by the Co-ordinate Bench, this writ application is not maintainable and the same is, accordingly, dismissed.

(Anil Kumar Sinha, J) perwez U