Mamta Kumari v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12678 of 2022 ====================================================== Mamta Kumari wife of Pappu Kumar, resident of Village and P.O. Barwa Kala, P.S. Siwan, Dist.- Siwan.

... ... Petitioner/s

Versus

1.

The Union of India through its Secretary, Ministry of Women and Child Development, Shashtri Bhawan, New Delhi- 110011. 2.

The Director, ICDS, Ministry of Women and Child Development, Shashtri Bhawan, New Delhi- 110011.

3.

The State of Bihar through its Chief Secretary, Government of Bihar, Patna. 4.

The Additional Secretary General Administration Department, Government of Bihar, Old Secretariat, P.S.- Sachivalaya, Dist.- Patna. 5.

The Principal Secretary, Social Welfare Department, Government of Bihar, Old Secretariat, P.S.- Sachivalaya, Dist.- Patna. 6.

The Director, Integrated Child Development Scheme, (ICDS), Directorate, Secretariat, P.S.- Sachivalaya, Dist.- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey, Advocate For the Respondent/s :

Mr.Rajesh Kumar, AC to GP-3 For UOI :

Ms.Punam Singh, Advocate Ms.Sangeeta Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2023

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of an appropriate writ(s), order(s), direction(s) in the nature of writ of Certiorari for quashing the part of Clause V of Resolution dated 10.06.2010 as contained in Annexure whereby upper age limit for selection as Anganwari Supervisor has been fixed as 45 years and the same is also been applied for promotion from the cadre of Anganwari Sewika.

Patna High Court CWJC No.12678 of 2022(3) dt.07-12-2023 2/3 (ii) For issuance an appropriate writ(s), order(s), Direction (s) in the nature of writ mandamus directing respondent authorities to consider the case of the petitioners for promotion to the post of Lady Supervisor in terms of policy of the Government as contained in Annexure-5 whereby 50% posts of Anganwari Supervisor is to be filled up from candidates working as Anganwari Sevika by relaxing the upper age limit of 45 years for such promotion. (iii) For issuance an appropriate writ(s), order(s), Direction (s) in the nature of writ mandamus directing the respondent authorities for declaration/clarification that the age limit prescribed between 18 years to 45 years is for new recruits for whom 50% posts of Anganwari Supervisor has been reserved and not for those who are to be Sevika promoted from Anganwari to Anganwari Supervisor against remaining 50% posts which are earmarked for promotion and further for declaration that there should not be any stipulation of age limit for promotion to the post of Anganwari Supervisor.

(iv) For issuance an appropriate writ(s), order(s), Direction (s) in the nature of writ mandamus directing upon the respondent authorities not to disqualify the Petitioners for promotion to the post of Supervisor on the ground of having attained more than 45 years of age as constitutionally no age is prescribed for

Patna High Court CWJC No.12678 of 2022(3) dt.07-12-2023 3/3 promotion specially when the process of promotion was undertaken long back and there has not been any promotion from the post of Anganwari Sevika to Anganwari Supervisor in last several years."

2. At the outset, the learned counsel for the petitioner has produced a letter dated 29.01.2023, issued by the Director, Integrated Child Development Services, Government of Bihar, Patna, which postulates that 50% vacant posts of lady supervisors be immediately filled up from amongst the Anganwari Sewikas and the qualifying age prescribed for the same i.e. 45 years be relaxed by 11 years, however, rest of the qualifications shall remain the same as have been stipulated in the departmental guidelines.

3. In view of the aforesaid letter dated 29.01.2023, the learned counsel for the petitioner submits that the present writ petition be disposed off, since the grievances of the petitioner has stood redressed.

4. Accordingly, the present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Saurav/- U