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Patna High CourtCWJC/4866/2015dismissed

Manju Devi v. The State Of Bihar And ORS

2015-03-31Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4866 of 2015 =========================================================== Manju Devi Wife of Umesh Prasad, Resident of Village- Amban Kuan, P.O.- Kambigha, P.S.+ Anchal- Nimchaka Bathani, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

3. The District Magistrate Gaya.

4. The Deputy Director, Welfare Magadh Pramandal, Gaya.

5. The Child District Programme Officer, Gaya, District- Gaya.

6. The Child Development Project Officer, (C.D.P.O.) Nimchaka Bathani, P.S.- Nimchakiar Bathani, District- Gaya.

7. The Mukhiya, Gram Panchayat Raj Mai, P.S. + Block- Nimchaka Bathani, District- Gaya.

8. The Panchayat, Secretary, Gram Panchayat Raj Mai, P.S. + Block- Nimchaka Bathani, District- Gaya.

9. Kumari Veena Bharti, Wife of Vinay Kumar, Resident of village- Amban Kuan, P.s. Nimchaka Bathani, District- Gaya.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Respondent/s : Mr. UDAY SHANKAR SHARAN SINGH- GP1 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 31-03-2015 A K Tripathi, J.

The relevant consideration has already been gone into in the impugned order by the appellate authority, who is Deputy Director, Welfare, Magadh Division, Gaya, taking into consideration the declaration of law made by the High Court in CWJC No. 12911 of 2007.

2. Looking at the nature of post as well as the place of posting of the father-in-law of the private respondent, the same cannot be held coming in the way of the private respondent continuing on the post of Anganwari Sevika, which is wholly an engagement on contract and not a substantive appointment under the State authorities.

Patna High Court CWJC No.4866 of 2015 dt.31-03-2015 2 / 2

3. Since there is no illegality in the order of the appellate authority, writ application is dismissed.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U