Chanda Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21196 of 2021 ====================================================== Chanda Kumari Wife of Sudhir Kumar Yadav Resident of VillageMushachak, Ward No.5, P.S. Bairgenia, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Social Welfare Department, Bihar, Patna.

2.

The Director, ICDS, Directorate of Social Welfare, Bihar, Patna. 3.

The Commissioner, Tirhut Division, Muzaffarpur. 4.

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

The District Programme Officer (I.C.D.S.), Sitamarhi. 6.

The Child Development Project Officer, Bairgenia, District- Sitamarhi. 7.

The Lady Supervisor, Office of Child Development Project Officer, Bairgenia, District- Sitamarhi.

8.

Sarashwati Devi Wife of Awadh Kumar Yadav Resident of VillageMushachak, Ward No.5, P.S. Bairgenia, District- Sitamarhi. 9.

Bigu Rai Son of Late Gangandev Rai Resident of Village- Mushachak, Ward No.5, P.S. Bairgania, District- Sitamarhi.

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

Mr.Umesh Chandra Verma, Adv.

Mr.Hemant Ray, Adv.

For the Respondent/s :

Mr.Md. Raisul Haque ( SC-10 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.i) For quashing the order dated 06.06.2019 passed by District Magistrate-cum-Collector, Sitamarhi in Anganwadi Appeal Case No. 04/2018 whereby and whereunder the learned Collector passed the exparte order, setting aside the order dated 25.02.2017 passed by the D.P.O., Sitamarhi,

Patna High Court CWJC No.21196 of 2021(2) dt.03-04-2024 2/3 who confirmed the selection of the petitioner on the post of Anganwadi Sevika in Mushachak, Ward No. 05 at Anganwari Centre No. 107 under Bairgania Block, District: Sitamarhi; and also quashing the order dated 15.6.2021 passed by the District Magistrate-cum-Collector, Sitamarhi in Anganwari Appeal Case No. 25/2020, which was remanded on the direction of Divisional Commissioner, Trihut Division, Muzaffarpur in 1.C.D.S. Appeal Case No. 192/2019 vide order dated 29.05.2020, refusing to pass the order as who is not being the competent authority to pass the order in this matter.

ii) For quashing of the order dated 29.05.2020 passed by Divisional Commissioner, Tirhut Commissionary. Muzaffarpur in 1.C.D.S. Appeal Case No. 192/2019, by which the learned Commissioner, Muzaffazrpur dismissed the appeal and remanded the matter before the District Magistrate, Sitamarhi.

Further, a writ of Mandamus be issued.

i) For direction to the respondent authorities to restore the service of the petitioner on its original place with all cumulative 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.21196 of 2021(2) dt.03-04-2024 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