Sobha Kumari @ Shobha Kumari v. Mr. Amir Suhani, The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2294 of 2023 In Civil Writ Jurisdiction Case No.6044 of 2021 ====================================================== Sobha Kumari @ Shobha Kumari Wife of Ashok Kumar, Village- Dilawarpur, Ward No. 09, P.O. - Kaler, Panchayat- Belsar, P.S. and Block - Kaler, DistrictArwal. ... ... Petitioner/s

Versus

1.

Mr. Amir Suhani, The Chief Secretary Govt. of Bihar, Patna. 2.

Mr. Prem Singh Mina, Principal Secretary, Social and Welfare, Department, Govt. of Bihar, Old Secretariat, Patna.

3.

Mr. Kaushal Kishor, The Director, I.C.D.S., Pant Bhawan, Hartali More, Bihar, Patna.

4.

Mrs. Varsha Singh, The District Magistrate, Arwal. 5.

Mrs. Rachna Sinha, The District Programme Officer, Arwal. 6.

Pratima Kumari, The Child Development Project Officer, Kaler, District - Arwal.

7.

Mr. Manoj Kumar Srivastava, Block Development Officer, Kaler Block, District- Arwal.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhoy Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Kumari Amrita, GP 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 02-08-2024 Ms. Rachana Sinha, District Programme Officer, Arwal and Ms. Pratima Kumari, C.D.P.O. Kaler, Arwal are present in the Court.

2. Opposite party Nos. 5 and 6 have filed third supplementary show cause while annexing Memo No. 435 dated 30.07.2024 while reinstating the petitioner.

3. Learned counsel for the petitioner submitted that petitioner has furnished joining report and the same has not been completed by the respondents, on the other hand, respondents

Patna High Court MJC No.2294 of 2023(8) dt.02-08-2024 2/3 submitted that her joining report has been accepted and she is discharging the duties of the post as on this day.

4. Having regard to the fact that petitioner was displaced abruptly on 27.07.2007 resulted in filing multiple litigation before this Court, the petitioner is entitled to back wages, however, there are variations from time to time in respect of providing remuneration to the post held as Anganwari Sewika, therefore, it would be difficult for calculation of back wages. Hence, I am of the view that lump sum amount of Rs. 3 lakhs shall be paid to the petitioner towards compensation for the period from 27.07.2007 to till 30.07.2024, there was no default on the petitioner when she was displaced abruptly on the other hand, official respondent sidetracked all sorts of norms like issuance of notice and holding of domestic inquiry etc. in order to give quietus to the present litigation among the respective parties.

5. Accordingly, the present MJC stands dropped reserving liberty to the petitioner to file interlocutory application in this petition in the event of joining report of the petitioner is not accepted as on this day.

6. The aforementioned amount shall be paid to the petitioner within a period of three months from the date of

Patna High Court MJC No.2294 of 2023(8) dt.02-08-2024 3/3 receipt of copy of this order failing which petitioner is permitted to file interlocutory application to revive this order. (P. B. Bajanthri, J) GAURAV S./- U