Savita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20126 of 2019 ====================================================== Savita Kumari, W/o Ramayodhya Pandit, Resident of Ward No. 12, Belbatiya, Panchayat- Sukulpakar, P.S.- Sugauli, Distt.- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Govt. of Bihar, Old Secretariat, Patna, Bihar 2.

The Director I.C.D.S., Old Secretariat, Patna, Bihar 3.

The District Magistrate, East Champaran at Motihari 4.

The District Programme Officer, I.C.D.S., Motihari, East Champaran 5.

The Child Development Programme Officer, Sugauli, East Champaran 6.

The Mukhiya Gram Panchayat Raj Sukulpakar, P.S.- Sugauli, Distt.- East Champaran 7.

Nirmala Kumari, W/o Nand Kishore Pandit, Resident of Vill.- Belbariya, Panchayat- Sukulpakar, P.S.- Sugauli, Distt.- East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar No 7, Advocate Mr. Anant Kumar Mishra, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha (GA-7) Mr. Gopal Krishna, AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-11-2019 Heard learned counsel for the parties.

2. The petitioner has put to challenge an order dated 26.05.2018, passed by the District Programme Officer, East Champaran in Case No. 119 of 2017 whereby he has allowed the claim of respondent no. 7 to be engaged as Anganwari Sevika for Anganwari Centre No. 88 of Ward No. 12 under Sukul Pakar Gram Panchayat in the district of East Champaran.

3. It is the petitioner's case that she had also filed an application before the District Programme Officer, East

Patna High Court CWJC No.20126 of 2019(2) dt.15-11-2019 2/2 Champaran giving rise to Case No. 112 of 2018, which relates to same selection process for the post of Anganwari Sevika of the same Centre and has not yet been decided.

4. Be that as it may, since the petitioner has a remedy of approaching the appellate authority under the Guidelines regulating selection of Anganwari Sevika/ Sahayika against the order of the District Programme Officer, this application is disposed of with a direction that if the petitioner files her appeal against the said order within one month from today, no objection of limitation in filing the appeal shall be taken and the petitioner's appeal shall be disposed of within two months from the date of receipt/ production of a copy of this order. The petitioner shall be at liberty to take all such plea before the appellate authority, which she has taken in her application before the District Programme Officer, which has given rise to Case No. 112 of 2018. It is further directed that let the District Programme Officer, East Champaran dispose of petitioner's application No. 112 of 2018 within one month from the date of receipt/ production of a copy of this order.

(Chakradhari Sharan Singh, J) Rajesh/- U