Kamini Kumari @ Kamini Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14521 of 2022 ====================================================== Kamini Kumari @ Kamini Devi W/o-Late Manish Kumar Ray, Resident of Village-Jagdishpur, Ward No. 13, Post-Malikaur, P.S.-Pusa, DistrictSamastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

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

3.

The Director, Integrated Child Development Services (ICDS), Bihar, Patna. 4.

The District Magistrate-cum-Collector, Samastipur. 5.

The District Programme Officer (ICDS), Samastipur. 6.

The Child Development Project Officer, Pusa, District-Samastipur. 7.

The Lady Supervisor, Child Development Project Office, Pusa, DistrictSamastipur. 8.

Ritu Kumari, W/o Prem Prakash Arya, Resident of Village-Jagdishpur, PostMalikaur, P.S.-Pusa, District-Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suman Kumar Verma, Adv.

For the Respondent/s :

Mr.Sunil Kumar Mandal, SC-3 Ms.Neelam Kumari, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For issuance of a writ in the nature of certiorari quashing thereunder the order dated 01.08.2022 contained in Memo No. 1714 dated 05.08.2022 passed by the District Collector, Samastipur (Respondent No. 4) in Ananwadi Appeal Case No. 241/2019 allowing the Appeal filed by Ritu Kumari, Private Respondent No. 8 herein, finding her claim to be valid for the post of Anganwadi

Patna High Court CWJC No.14521 of 2022(2) dt.20-02-2024 2/3 Sevika under Centre No. 137, Ward No. 13, Gram Panchayat- Dhobgama within Pusa ICDS (Integrated Child Development Services) Unit/ Establishment in the district of Samastipur.

(ii) For further issuance of a writ in the nature of Certiorari quashing therein the office order contained in Memo No. 575 dated 26.08.2022 issued by the Child Development Project Officer, Pusa, Samastipur whereby the petitioner was discharged from the service/ post of Anganwadi Sevika against Centra No. 137, Ward No. 13 within Pusa Unit/ Establishment of the Integrated Child Development Services in the district of Samastipur ensuring compliance with the order contained in Memo No. 1714 dated 05.08.2022 passed by the District Collector, Samastipur.

(iii) For further issuance of a writ in the nature of Mandamus commanding the concerned Respondent authority/ authorities to restore the service of the petitioner with effect from 26.08.2022 (the date of discharge from the service/ post of Anganwadi Sevika) with all consequential benefits."

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 suit before the learned Civil Court having competent

Patna High Court CWJC No.14521 of 2022(2) dt.20-02-2024 3/3 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) sonal/- U