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Patna High CourtCWJC/14882/2019disposed

Ranjeeta Kumari v. The State Of Bihar

2019-07-26Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14882 of 2019 ====================================================== Ranjeeta Kumari Wife of Late Dilip Kumar Resident of Village-Haribela, Ward No. 10 Panchayat-Dighi, Block and Police Station-Bathnaha, DistrictSitamarhi, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Secretariat, Patna 2.

The District Magistrate Sitamarhi 3.

The District Program Officer (Establishment) Sitamarhi 4.

Child Development Project Officer Bathnaha, Sitamarhi 5.

Selection Committee constituted for selection of the Aaganwari Sewika, Ward No. 10, Village Bela, Block and P.S.-Bathnaha, District-Sitamarhi through its Chairman 6.

Punam Kumari Wife of Devendra Prasad Resident of Village-Haribela, Ward No. 10 Panchayat-Dighi, Block and Police Station-Bathnaha, DistrictSitamarhi 7.

Rekha Bharti Wife of Baidyanath Bhagat Resident of Village-Haribela, Ward No. 10 Panchayat-Dighi, Block and Police Station-Bathnaha, DistrictSitamarhi 8.

Sita Kumari Wife of Purushottam Kumar Resident of Village-Haribela, Ward No. 10 Panchayat-Dighi, Block and Police Station-Bathnaha, DistrictSitamarhi 9.

Prema Kumari Wife of Jivesh Kumar Resident of Village-Haribela, Ward No. 10 Panchayat-Dighi, Block and Police Station-Bathnaha, DistrictSitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Narayan, Advocate Mr. Arun Kumar, Advocate For the Respondent/s :

Ms. Kumari Amrita (Gp3) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 26-07-2019 Heard the learned counsel for the parties.

2. The petitioner is aggrieved by the appointment of private respondent no. 6 on the post of Aanganwari Sevika at the concerned centre.

Patna High Court CWJC No.14882 of 2019 dt.26-07-2019 2/3

3. It has been submitted on behalf of the petitioner that even private respondents no. 7, 8 and 9 who ranked higher than the petitioner cannot be appointed as their appointment would be de hors the rules. Per force, if the appointment of private respondent no. 6 is found to be against the rules, the petitioner would be offered the aforesaid post. Though the petitioner claims to have laid her grievance before all the authorities including the District Magistrate but no decision has been taken as yet.

4. The petitioner, under the aforesaid circumstances, is directed to make a complaint before the Child Development Project Officer, Bathnaha, Sitamarhi (respondent no. 4) within a period of two weeks, who, on receipt of such complaint shall look into the matter, hear the concerned parties and shall pass order within thirty days of receipt of such complaint.

5. In case no order is passed within the aforesaid timeline, the matter would stand transferred automatically

Patna High Court CWJC No.14882 of 2019 dt.26-07-2019 3/3 to the office of the District Programme Officer, Sitamarhi who shall take a decision in accordance with law.

6. If the petitioner still remains dissatisfied, she may prefer a revision before the concerned Divisional Commissioner. The aforesaid process has been delineated under the new guidelines of 2019.

7. With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.07.2019 Transmission Date