Seema Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14812 of 2023 ====================================================== Seema Kumari Satyendra Kumar Verma R/o-Vill. Suara, P.S.-Dehri, Dist.- Rohtas at Sasaram.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary-Social Welfare (Child Welfare and Development) Department of Govt. of Bihar, Patna. 2.
The Collector Cum District Magistrate, Rohtas at Sasaram. 3.
The District Program Officer, Rohtas at Sasaram. 4.
The Child Development Project Officer (C.D.P.O.) Dehri, Gramin, Rohtas. 5.
Puja Kumari W/o-Deepak Kumar R/o-Vill. Suara, P.S.-Dehri Dist.-Rohtas at Sasaram.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar No. 1, Adv.
For the Respondent/s :
Mr.Sunil Kumar Mandal, SC- 3 Mr.Arun Prasad, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-03-2024
1. The present writ petition has been filed seeking the following relief(s):- "1.(i) That the writ of certiorari may kindly be issued for W setting aside the illegal, improper, incorrect and unconstitutional orders dt. - 29-082023 bearing Memo No. - 264 contained in Ax.- 5 and order dt. - 21-07-2023 contained in Ax.- 6 passed by the Learned Collector cum District Magistrate, Rohtas at Sasaram in Anganwadi D Sevika Appeal Case No. - 01/2019 whereby and where under legal and justified order of Learned District Program Officer Rohtas at Sasaram passed on 04-10- 2018 bearing Memo No.- 887/Pro.
Patna High Court CWJC No.14812 of 2023(2) dt.28-03-2024 2/3 contained in Ax. - 8 issued by Memo No.- 1038/Pro. dt. 08-11-2018 has been illegally quashed and directed to appoint Respt. No.6 ignoring the substantial evidence and ground that name of Husband Deepak Kumar of the Respt. No.-6 (Puja) is present in Ward No. - 6, but Respt. No. - 6 has been directed to be appointed in Ward No. - 5 which is absolute violation of guideline and rules mend for selection of Anganwadi Sevika.
(ii) That writ of mandamus may kindly be issued directing the respondents to appoint and reinstate the petitioner (Seema Kumari) on her previous post of Anganwadi Sevika with her full arrears current and consequential benefits, as she was working on that post since last 6 years.
(iii) That respondents be directed to pay the appropriate, cost and compensation for unnecessary mental, physical and economical harassment done by the illegal & unconstitutional acts of the respondents."
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.
Patna High Court CWJC No.14812 of 2023(2) dt.28-03-2024 3/3
3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U