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Patna High CourtCWJC/16717/2022dismissed

Kanchan Kumari v. The State Of Bihar

2024-04-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16717 of 2022 ====================================================== Kanchan Kumari wife of Rajesh Kumar, D/o Ram Babu Mahto, resident of Ward No. 01, Surauli, District- Samastipur, presently resident of VillageKerai, P.S. and Anchal- Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Integrated Child Development Scheme (I.C.D.S.), Bihar, Patna.

3.

The District Magistrate-cum- Collector, Samastipur. 4.

The District Programme Officer (I.C.D.S.), Samastipur. 5.

The Sub- Divisional Magistrate, Rosera, District- Samastipur. 6.

The Child Development Project Officer (C.D.P.O.), Bibhutipur, DistrictSamastipur. 7.

Renu Kumari, wife of Manjay Kumar Singh, resident of Village- Kerai, Chakhoja, Ward No. 14, P.S. and Anchal- Bibhutipur, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uma Shankar Prasad Singh, Adv.

For the Respondent/s :

Mrs.Kumari Amrita, GP-3 Mr.Mritunjay Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.i) To quash/set-aside the order dated 24.3.2022 (Annexure-1) passed by the District Magistrate- cumCollector, Samastipur (Respondent No.3) in Anganbari Appeal No. 463 of 2019, whereby and where-under he has rejected the application of this petitioner by upholding the order dated 25.5.2019 passed by the District Programme Officer, Samastipur (Respondent No.4) in Misc. Case No.4476 of 2019 cancelling the selection/ appointment of this petitioner on the post of Anganbari Sevika at the centre No.311 of Ward No.14, under Bibhutipur Anchal, District-Samastipur; without

Patna High Court CWJC No.16717 of 2022(2) dt.05-04-2024 2/2 discussing the merits of the case of petitioner and has not passed reasoned order in the interest of justice. ii) To quash/set-aside the order dated 25.5.2019 passed by the District Programme Officer, Samastipur (Respondent No.4) in Misc. Case No.4476/2019 cancelling the selection/appointment of this petitioner on the post of Anganbari Sevika at the centre No.311 of Ward No.14, under Bibhutipur Anchal, DistrictSamastipur on the ground that during date of application from 29.12.2017 to 19.01.2018, the petitioner's father-in-law was alive and his monthly income was more than Rs.12,000/-.

iii) For commanding and directing the Respondent authority concerned to allow the petitioner to work as Anganbari Sevika on the post in question."

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 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