Geeta Kumari @ Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12943 of 2022 ====================================================== Geeta Kumari @ Sangita Devi wife of Yogendra Sah, Resident of VillageSanokhar, Gram Panchayat - sanhoula, P.S. Sanokhar, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Social Welfare, Government of Bihar, Patna.

3.

The Appellate Authority-cum-the Divisional Commissioner, Bhagalpur. 4.

The District Programme Officer, Bhagalpur.

5.

The Child Development Project Officer, Sanhaula, P.S. - Sanokhar, District - Bhagalpur.

6.

Mahila Parivakishika, Selection Committee-cum-Member Secretary, Aanganbari Center, Village- Sanokhar, District- Bhagalpur. 7.

Rekha Kumari wife of Shri Ranjan Kumar Sah, Resident of Village -Sanokhar, Gram Panchayat Sanhoula, P.S. Sanokhar, District- Bhagalpur. 8.

Kalpana Kumari wife of Ranjit Thakur, Resident of Village -Sanokhar, Gram Panchayat Sanhoula, P.S. Sanokhar, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Anand Kumar, Advocate For the Respondent/s :

Mrs.Kumari Amrita ( Gp 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-03-2024 1.

The present writ petition has been filed seeking the following reliefs:- "i. For issuance of an appropriate writ(s) / rule (s) / direction (s) in the nature of certiorari for quashing the order dated 07.07.2022, passed by the Appellate Authority -Cum- Divisional Commissioner, Bhagalpur, in Misc.

(Aanganbari) Revision No.-7/2021-22 as well as for quashing the order dated 15.01.2021,

Patna High Court CWJC No.12943 of 2022(2) dt.27-03-2024 2/3 passed in Misc. Appeal (Aanganbari) Case No.

51/2018-19 passed by the District Programme Officer, Bhagalpur, whereby and whereunder the claim of petitioner for appointment on the post of Aanganbari Sevika on the ground of working experience of Aanganbari Sevikas has been rejected on erroneous grounds.

ii. For issuance of an appropriate writ(s) / rule(s) / direction (s) in the nature of mandamus commanding the concerned respondents for consideration of the case of petitioner for appointment on the post of Aanganbari Sevika in newly created Aanganbari Centre under Panchayati Ward No. 7 (bifurcated from Ward No. 6), as the petitioner has already been serving upon the post of Aanganbari Sahayika in the Aanganbari Centre under Panchayati Ward No. 6.

iii. For issuance of appropriate direction to the concerned authority to consider the case of petitioner for appointment to the aforesaid post, as she has fulfilled all the required criteria and she has experienced to perform the work of Aanganbari Sahayika of the said center and also she secure more weightage points than the private respondent no.7."

2.

At the outset, the learned counsel for the

Patna High Court CWJC No.12943 of 2022(2) dt.27-03-2024 3/3 petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit before the learned civil court of competent jurisdiction. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U