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Patna High CourtCWJC/17106/2022dismissed

Meera Kumari v. The State Of Bihar

2024-04-09Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17106 of 2022 ====================================================== Meera Kumari wife of Upendra Kumar, resident of Village- Kargahar, Ward No. 13, P.S.- Kargahar, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The District Magistrate-cum-Revisional Authority, Rohtas. 4.

The District Programme Officer-cum-Appellate Authority, Rohtas at Sasaram.

5.

The Child Development Officer, Kargahar, Rohtas. 6.

The Mahila Supervisor, Karkahar, Rohtas.

7.

Laxmi Kumari wife of Dharmendra Kumar Sah, Resident of VillageKargahar, Ward No. 13, P.S. Kargahar, District- Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad, Adv.

For the State :

Mr.Prashant Pratap (Gp2) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-04-2024 The present writ petition has been filed seeking the following relief:- "1.I.For issuance of writ/writs, order/orders, direction/directions including a writ in the nature of certiorari for quashing the order dated 08.07.2022 passed in Anganbari Sewika Appeal Case No. 04/2021 whereby and whereunder the Revisional Authority has dismissed the appeal and affirmed the order of the Respondent District Programme Officer, Rohtas at Sasaram. Further quash the appeal

Patna High Court CWJC No. 17106 of 2022(2) dt.09-04-2024 2/3 order the Memo no. 330/ dated 17.03.2020.

passed in Anganbari Appeal Case No. 60/2019 by the District Programme Officer, Rohtas at Sasaram whereby he had terminated the earlier selected Anganbari Sewika Meera Kumar (Petitioner) only on the basis of forged report of salary Slip of her husband and given direction to the C.D.P.O., Kargahar that as per guidelines 2016 the eligible candidate may be selected for same post without considering the facts and circumstances of the case of the petitioner in proper perspectives.

II. For issuance of an appropriate writ in the nature of mandamus or any other writ/writs, order/orders, direction/directions commanding the Respondents to select again the petitioner on the post of Anganbari Sevika for Anganbari Centre-Kargabhar Ward No. 3, Centre Code No. 219 under PanchayatKargahar, P.S.- Kargahar, District- Rohtas within a specified period on the ground that the petitioner has requisites qualification as well as she is at serial No. 1 in the merit list as well as she has already been selected for the same post as Anganbari Sevika for Centre Code No. 2019."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ

Patna High Court CWJC No. 17106 of 2022(2) dt.09-04-2024 3/3 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 civil suit before the learned civil court of competent jurisdiction. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U