Babita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18821 of 2021 ====================================================== Babita Kumari wife of Bipul Kumar resident of Village Dhaniawa, P.S. Nardiganj, District Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Depatment, Bihar, Patna.

2.

The District Magistrate Nawada.

3.

The District Programme Officer, I.C.D.S., Nawada. 4.

The Block Development Officer, Nardiganj Block, District- Nawada. 5.

The Child Development Officer, Nardiganj, Nawada. 6.

The Mahila Parwachhika, Bal Vikas Pariyojna, Nardiganj, District- Nawada. 7.

Rubi Kumari wife of Binoy Kumar resident of Village Dhaniawa Panchayat 1/4PES) Ward No. 4, P.S. Nardiganj, District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Nath Tiwary, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha ( Ga7 ) Mr.Ajit Kumar, AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application on behalf of the petitioner for issuance of a writ, order or direction including a writ in the nature of Mandamus, commanding the respondents to enquire the matter and cancel the appointment of respondent no.

7 and to appoint the petitioner on the post of Anganbari Sevika in Village.

Dhaniawa, Panchayat Pes, Ward No. 4, Anganbari Kendra and also for quashing

Patna High Court CWJC No.18821 of 2021(2) dt.06-03-2024 2/2 the order dated 06.08.2018 and order dated 11.06.2021 by which respondent no. 7 was appointed and confirmed on the basis of Pairvi (as her appointment was against the law and still she is as Ward Member, which is also against the law). After passing order dated 14.01.2020 the Department was sitting tight over the matter upto 10.06.2021. On 21.06.2021 the grievance of the petitioner illegally, arbitrarily rejected by District Programme Officer (ICDS), Nawada, which is also against the law and Annexure: 2 of this petition."

2. At the outset, the learned counsel for the 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 having competent jurisdiction, for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Saurav/- U