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Patna High CourtCWJC/16891/2022dismissed

Babita Kumari v. The State Of Bihar

2024-04-05Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16891 of 2022 ====================================================== Babita Kumari Wife of Ramashish Kumar, Resident of Village- Nandanpur, Ward No. 4, P.S.- Raniganj, District- Araria. ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner, Purnea Division, Purnea.

3.

The District Magistrate, Araria.

4.

The District Programme Officer, Araria.

5.

The Child Development Programme Officer, Raniganj, Araria. 6.

The Chief Medical Officer-cum-Surgeon, Araria. 7.

Rupa Kumari Wife of Rupesh Kumar Baitha, Resident of VillageNandanpur, Ward No. 4, P.S.- Raniganj, District- Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar Choudhary, Advocate For the Respondent/s :

Mr.S.K. Mandal (SC-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2024 The present writ petition has been filed seeking the following reliefs:- "1. (i) For quashing the order dated 14.05.2020 (Annexure-4) passed in Aanganbadi Appeal No. 63 of 2018-19 passed by the District Programme Officer, Araria (Respondent no. 4) whereby and whereunder the Appeal filed by the Respondent no. 7 against the appointment of the petitioner as Anganbadi Sevika in Gram Panchayat Raj Nandanpur, Ward No. 4, P.S.-

Patna High Court CWJC No.16891 of 2022(2) dt.05-04-2024 2/3 Raniganj, Block-Raniganj, DistrictAraria has been allowed and it has further been directed to issue appointment letter in favour of respondent no. 7 and the appointment of the petitioner has been set aside.

(ii) For quashing the order dated 22.06.2022 (Annexure-5) passed in Misc. (Anganbadi Appeal No. 52 of 2020) passed by the Commissioner, Purnea Division, Purnea (respondent no. 2) whereby and whereunder the Appeal preferred by the petitioner against order dated 14.05.2020 passed in Case No. 63 of 2018-19 has been dismissed.

(iii) For direction to the respondents concerned to reinstate the petitioner back into service as Anganbadi Sevika under Ward No. 4 in Nandanpur Gram Panchayat Block-Raniganj, DistrictAraria with all consequential 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 Ld. Civil Court having competent jurisdiction, for redressal of the

Patna High Court CWJC No.16891 of 2022(2) dt.05-04-2024 3/3 aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U