Surti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14679 of 2022 ====================================================== Surti Wife of June Saheb Resident of Village- Dhamuara, ward No.-1, Block and P.S.- Ali Nagar, District- Dabhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar Through D.M. Darbhanga.

2.

The District Programme Officer, Darbhanga.

3.

The C.D.P.O., Block Ali Nagar, Darbhanga.

4.

Rakimunnisha Wife of Late Shamim Mansoori Resident of VillageGangauli, Salempur, P.S.- Pandaul, District- Madhubani, at present resident of Village- Dhamuara, Dhamsain, Ward No.1, Block and P.S.- Ali Nagar, District- Darbhanga.

5.

Momina Khatoon Wife of Noor Salam Resident of Village- Dhamuara, Ward No.- 18, Block and P.S.- Ali Nagar, P.O.- Dhamuara, District- Darbhanga. 6.

Commissioner Darbhanga Division, Darbhanga.

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

For the Petitioner/s :

Mr.Md. Shahnawaz Ali, Adv.

Mr. Padmanabh Kashyap, Adv.

For the Respondent/s :

Mr.Prasant Pratap ( Gp 2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-02-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For quashing of the letter/memo no. 2259 dated 17.10.2019 as contained in Annexure-10 passed by District Programme Officer, Darbhanga whereby and whereunder selection of the petitioner as Anganbari Sevika for Anganbari Center No. 142. Panchayat Dhamuara under the Scheme Child Development Scheme, Ali Nagar, Block & P.S. Ali Nagar, District Darbhanga of ward no. 1 issued on 11.02.2019 was cancelled

Patna High Court CWJC No.14679 of 2022(2) dt.20-02-2024 2/3 and respondent no. 4 is selected on 17.10.2019 as Anganbari Sevika of Center no. 142. Ward no. 1. (ii). For quashing of the order dated 02.07.2022 as contained in Annexure- 15 passed by the Court of Commissioner Darbhanga Division District Darbhanga whereby and whereunder selection of the petitioner as Anganbari Sevika for Anganbari Center no. 142, Panchayat Dhamuara under the Scheme Child Development Scheme, Ali Nagar, Block and P.S. Ali Nagar.

District- Darbhanga of ward no. I made on 11.02.2019 was cancelled and Respondent no.4 is selected on 17.10.2019 as Angabari Sevika of Center no. 142, Ward No. I were upheld.

(iii). For quashing of the letter of appointment dated 09.01.2020 as contained in Annexure- 13 issued by Child Development Programme Officer, Ali Nagar. Darbhanga whereby and whereunder selection of the respondent no. 4 as Anganbari Sevika for Anganbari Center No. 142. Panchayat Dhamuara was made under the Scheme Child Development Scheme, Ali Nagar, Block & P.S. Ali Nagar, District-Darbhanga of ward no. 1 issued on 11.02.2019 was cancelled and respondent no. 4 is selected on 09.01.2020 as Anganbari Sevika of Center no. 142. Ward no. 1. (iv). A writ order and direction in the nature of mandamus directing and commanding respondent no. 2 to reinstate the selection of the petitioner on the post of Sevika as she was duly

Patna High Court CWJC No.14679 of 2022(2) dt.20-02-2024 3/3 selected on 11.02.2019 as contained in Annexure- 2 and was functioning according to mapping Panji and in her nursing area, be issued."

2.

After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law including that of filing a suit before the learned Civil Court having competent jurisdiction. Liberty, so sought, is granted. 3.

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