Anju Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 11699 of 2024 ====================================================== Anju Kumari, Wife of Hemant Kumar Yadav, resident of Village-Maccha, P.O.-Sighliya East, Ward No. 09, Aganbari Centre Code-286, P.S. and BlockBisfi, Post-Bhatora, District-Madhubani, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Addl. Chief Secretary of Social Welfare Department, New Secretariat, Patna, Bihar.

2.

The District Magistrate, Madhubani, P.S. and District-Madhubani. 3.

District Programme Officer, Madhubani, P.S. and District-Madhubani. 4.

Child Development Project Officer, Bisif, P.S.-Bisfi, District-Madhubani. 5.

The Chairman Special General Meeting cum Block Development Officer, Bisfi, P.S.-Bisfi, District-Madhubani.

6.

The Then Incharge Mahila Supervisor Child Development Project Bisfi, P.S.-Bisfi, District-Madhubani.

7.

Pinki Devi, Wife of Bhola Paswan, Panchayat-Singhiya East, Ward No.-08, Block and Police Station-Bisfi, Post-Bhatora, District-Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rudal Prasad, Advocate For the Respondent/s :

Ms. Archana Meenakshi, GP- 6 Mr. Karandeep Kumar, AC to GP- 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed by the petitioner for setting aside the order dated 19.12.2023, contained in Annexure- P/9, passed in Anganwadi Appeal No. 72 of 2023 by District Magistrate, Madhubani, who had confirmed the order dated 30.06.2023, contained in Annexure- P/8, passed by District Programme Officer, Madhubani, by which the petitioner

Patna High Court CWJC No. 11699 of 2024(2) dt.06-08-2024 2/3 has been removed illegally from the post of Anganwadi Sevika, Center Code No. 286, Ward No. 09 of Singhiya East Gram Panchayat, Block- Bisfi, District- Madhubani.

3. Learned counsel for the petitioner submits that the said order is wrong as the petitioner was earlier appointed and she was provided training and after completion of training she gave her joining on 01.02.2023 and started work of Anganwadi Sevika at Center Code No. 286, Ward No. 09 of Singhiya East Gram Panchayat, Block- Bisfi, District- Madhubani. Subsequently, on the objection filed by the private respondent, the petition was entertained by the District Programme Officer and opportunity had not been granted to place her matter before the District Programme Officer which is in gross violation of natural justice. He submits that the District Programme Officer had not considered her case at all. Subsequently, in appeal the District Magistrate had passed order affirming the order of the District Programme Officer.

4. Learned counsel for the State submits that from perusal of the order passed in appeal, it transpires that due opportunity has been granted by the District Magistrate to both the parties and case of both the parties have been duly considered and a reasoned order has been passed.

Patna High Court CWJC No. 11699 of 2024(2) dt.06-08-2024 3/3

5. Upon perusal of the record it transpires to this Court that the decision is based on letter dated 25.05.2018, which has been modified in appointment of Anganwadi Sevika, 2016 and only due to this reason the entire problem has arisen. It also transpires to this Court that the reason has been well explained by the Collector that the claim of appellant (present petitioner) cannot be accepted as the amended rule dated 25.05.2018 has come.

6. In this view of the matter this Court finds no merit in this writ petition. Accordingly, it is dismissed. (Dr. Anshuman, J.) Mkr./Aman/- U