Bedami Devi And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2269 of 2019 ======================================================
1. Bedami Devi, Wife of Binda Ram.
2. Sita Kumari, Wife of Upendra Sahani.
Both are resident of Village- Parsauniya, Panchayat- Bariyarpur, East BlockMotipur, District- Muzaffarpur. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna.
2. The Director, ICDS, Social Welfare Department, Government of Bihar, Patna.
3. The Commissioner, Tirhut Division, Muzaffarpur.
4. The District Magistrate, Muzaffarpur.
5. The District Programme Officer, ICDS, Muzaffarpur.
6. The Child Development Project Officer, Baruraj, District- Muzaffarpur.
7. The Lady Supervisor, Baruraj, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Adv.
For the Respondent/s :
Mr. Prashant Pratap (GP2) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 13-02-2019 The petitioners are aggrieved by the issuance of an advertisement, bearing PR. No. 11897 (Social Welfare) 2018-19, issued under the signature of District Magistrate, Muzaffapur, inviting applications for appointment of
Patna High Court CWJC No.2269 of 2019 dt.13-02-2019 2/3 Anganbari Sevikas and Sahayikas at Additional Anganbari Centres and Mini Anganbari Centres as a result of the resolution for extension of the existing Anganbari Centres.
2. It is the case of the petitioners that they have been working on the post of Anganbari Sevika since 2004 and in the absence of any complaint against them, their services cannot be terminated by initiating fresh process of appointment.
3. From the perusal of the advertisement, which has been annexed with this writ petition, it appears that the advertisement is for inviting applications for Anganbari Sevikas and Sahayikas at Additional Centres and Mini Centres because of the resolution for extension of such Anganbari Centres. It does not specify that applications are also invited for the existing Centres where Anganbari Sevikas/petitioners are working under previous arrangement. The list which has been enclosed along with the advertisement also refers to Additional Centres at Bariyapur (East) where the petitioners are working in the main Anganbari Centre Nos. 407 and 409 respectively.
Patna High Court CWJC No.2269 of 2019 dt.13-02-2019 3/3
4. The suspicion of the petitioners that this is an attempt at cessation of their service is unfounded, to say the least.
5. In any view of the matter, since the petitioners have made a representation before the District Programme Officer, ICDS, Muzaffarpur (respondent No. 5), which has not yet been responded to, the petitioners are directed to file a fresh representation before the District Programme Officer, ICDS, Muzaffarpur (respondent No. 5), within a period of four weeks from today, which shall be disposed of by the concerned respondent within a period of four weeks thereafter.
5. With the aforesaid direction, the writ petition stands disposed off.
(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 15.02.2019 Transmission Date N/A