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Patna High CourtCWJC/498/2017disposed

Mamta Kumari v. The State Of Bihar And ORS

2017-02-15Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.498 of 2017 ===========================================================

1. Mamta Kumari W/o Mintu Paswan Resident of Village- Dihuri, P.O. - Madhopur, P.S.- Tekari, Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director, ICDS, Deptt of Social Welfare, Govt. of Bihar, Patna.

3. The Divisional Commissioner, Magadh Division, Gaya.

4. The District Magistrate, Gaya.

5. The District Programme Officer, Gaya.

6. The Child Development Project Officer, Tekari Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Respondent/s : Smt. Kumari Amrita, GP3 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 15-02-2017 Heard Mr. Sanjay Kumar No.1 learned counsel for the petitioner and Ms. Kumari Amrita, G.P.3 for the State. Although the petitioner is aggrieved by the termination order bearing Memo No.1781 dated 6.12.2016 issued under the signature of the District Programme Officer, Gaya impugned at Annexure-9 but taking note of the fact that while the appointment order dated 11.11.2014 enclosed at Annexure-3 was conditional in nature and subject to the outcome of the contest initiated by the removed Anganbari Sevika namely Rajkumari Devi, the moment the removal of Rajkumari Devi was set aside by this Court in C.W.J.C.No.6044 of 2012 and which order has been affirmed by the Division Bench in

Patna High Court CWJC No.498 of 2017 dt.15-02-2017 2/2 L.P.A.No.611 of 2013 preferred by the State which was dismissed by the Division Bench, the Anganbari Sevika stood reinstated on her post and the appointment of the petitioner which was made in the meanwhile on the vacancy so caused, has to make way for Rajkumari Devi.

In the circumstances, no infirmity can be found in the order of removal put to question by the petitioner, which is only consequential to the reinstatement of the ousted Anganbari Sevika. The writ petition is disposed of accordingly. (Jyoti Saran, J) Bibhash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.02.2017 Transmission Date NA