Usha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16166 of 2019 ====================================================== Usha Kumari Wife of Late Lal Babu Ray, Resident of Village-Gotiyahi, P.O.- Rebra, P.S.-Khanpur, District-Samastipur.

... ... Petitioner/s

Versus

1.

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

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

3.

The District Magistrate, Samastipur 4.

The District Programme Officer, Samastipur.

5.

The Child Development Programme Officer, Khanpur, Samastipur. 6.

Punam Kumari Wife of Sunil Kumar Ray Resident of Ward no. 09, VillageGotiyahi, P.O.-Rebra, P.S.-Khanpur, District-Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Choudhary, Advocate For the Respondent/s :

Mr. Md.Raisul Haque (SC-10) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-08-2019 The petitioner being aggrieved by the appointment of private respondent No. 6 on the post of Anganbari Sevika at the concerned centre had approached this Court vide C.W.J.C. No. 5168 of 2019. This Court, vide order dated 02.04.2019 allowed the petitioner to withdraw the petition in order to challenge the aforesaid appointment of private respondent No. 6 before the District Programme Officer, Samastipur.

Patna High Court CWJC No.16166 of 2019(2) dt.21-08-2019 2/3 The petitioner, in compliance of the aforesaid order has approached before the District Programme Officer, Samastipur, who rejected her claim vide order dated 25.05.2019 contained in Memo No. 1376.

Against the aforesaid order, the petitioner preferred an appeal before the District Magistrate, Samastipur on 10.06.2019 but till date, no order has been passed in the aforesaid appeal.

Under the aforesaid circumstances, the petitioner is directed to make a fresh appeal before the District Magistrate, Samastipur (respondent No. 3) within a period of two weeks from today, who, on receipt of the same shall either himself take it up and pass a reasoned order in accordance with law or he may, if so deems appropriate in accordance with the new guidelines of 2019, transmit the records of the case of the petitioner to the concerned Divisional Commissioner or ask the petitioner to file revision petition before the concerned Divisional Commissioner. In any event, if the

Patna High Court CWJC No.16166 of 2019(2) dt.21-08-2019 3/3 matter is remitted to the concerned Divisional Commissioner, he shall be under an obligation to pass a reasoned order in accordance with law within a reasonable period of time.

With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U