Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14226 of 2023 ====================================================== Manju Devi W/o Ramesh Kushwaha, R/o Village- Hardiya, PO- Sadeya, PSRamnagar, District- West Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Integrated Child Development Scheme, (ICDS), Patna. 3.

The Commissioner Tirhut Division, Muzaffarpur. 4.

The District Programme Officer, West Champaran, Bettiah. 5.

The Child Development Project Officer, Ram Nagar, West Champaran. 6.

Archana Kumari, W/o Sudhir Kumar, R/o Village- Hardiya, PO- Jogiya, PSRamnagar, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha ( Ga 7 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-04-2024 The present writ petition has been filed seeking the following relief:- "(i) For issuance of an order, direction or writ including writ in the nature of CERTIORARI quashing the order dated 03.08.2023 passed by Respondent No.-3 herein Commissioner Tirhut Division, Muzaffarpur in Appeal No. 128/ 2022 whereby the services of the petitioner as Anganwadi Sevika has been terminated.

(ii) For issuance of an order, direction or writ including writ in the nature of CERTIORARI

Patna High Court CWJC No.14226 of 2023(2) dt.15-04-2024 2/3 quashing the order dated 08.06.2022 passed by Respondent No.-4 herein DPO West Champaran in Anganawari Sevika/Sahayika Selection Appeal Case No. 113/2020 whereby the appeal filed by the Respondent No.-6 has been allowed and the order of the Child Development Project Officer, Ram Nagar.

West Champaran has been set aside.

(iii) For issuance of an order, direction or writ including writ in the nature of mandamus commanding the respondents not to give effect to the aforesaid order dated 03.08. 2023 issued by the Respondent No.-3 (Commissioner Tirhut Division, Muzaffarpur) and order dated 08.06.2022 issued under the signature of Respondent No.-4.

(iv) For issuance of an order, direction or writ including writ in the nature of mandamus commanding the respondents to reinstate the petitioner to the post of Anganwadi Sevika of Anganwadi Centre No. 221, Ward No.-7, Panchayat Sebeya, Block- Ram Nagar West Champaran.

(v) For issuance of an appropriate declaration holding that the Respondent No.-3 as well as the Respondent No.-4 has passed orders mechanically without appreciating the case of the petitioner in its proper perspective."

Patna High Court CWJC No.14226 of 2023(2) dt.15-04-2024 3/3 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 civil suit before the learned civil court of competent jurisdiction. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U