Nurjahan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18374 of 2019 ====================================================== Nurjahan Wife of Noor Alam Resident of Village and P.O.- Semrahiya, P.S.- Chhhauradano, District- East Champaran, Motihari. ... ... Petitioner

Versus

1.

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

2.

The Principal Secretary Social Welfare Department Govt. of Bihar, Patna. 3.

The Director I.C.D.S (Social Welfare Department) Govt. of Bihar, Patna. 4.

The Collector East Champaran, Motihari, District- East Champaran, Motihari.

5.

The District Programme Officer Motihari, District- East Champaran, Motihari.

6.

Lalita Devi Wife of Sanjay Kumar Resident of Village and P.O.- Semrahiya, P.S.- Chhhauradano, District- East Champaran, Motihari. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Sharda Nand Mishra Mr. Dhananjay Kumar Gupta For the Respondent State:

Mr. Rajesh Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-09-2019 Aggrieved by an order, dated 23.05.2018, passed by the District Programme Officer, Motihari, East Champaran, the petitioner has preferred an appeal before the Collector, East Champaran, Motihari, giving rise to I.C.D.S. Appeal No. 28 of 2018, which is pending since 12.06.2018. This writ application has been filed, in such circumstance, seeking a direction to the Collector, East Champaran, to dispose of the petitioner's appeal. The said appeal had been preferred under the guidelines issued in 2016 for selection of Anganbari Sevika/Anganbari Sahayika under Integrated Child

Patna High Court CWJC No.18374 of 2019(3) dt.23-09-2019 2/2 Development Services for rural and urban areas. Fresh guidelines have been issued in 2019, wherein appeal against the decision of Child Development Project Officer lies before the District Programme Officer.

Learned counsel appearing on behalf of the State of Bihar has submitted that the petitioner ought to have preferred appeal in accordance with the new guidelines. I have perused the guidelines issued in 2019. The said rules will have no application in relation to the appeals preferred before the rules came into force in 2019. Considering the facts and circumstances, this application is disposed of with a direction to the District Magistrate, East Champaran, to decide the petitioner's appeal within three months from the date of receipt/production of a copy of this order.

(Chakradhari Sharan Singh, J) Pawan/- U