Neelu Kumari @ Nilu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20924 of 2019 ====================================================== Neelu Kumari @ Nilu Devi W/o Bal Mukund Singh Resident of VillageHandia, P.S. and P.O.- Nardiganj, Distt.- Nawada ... ... Petitioner/s

Versus

1.

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

The Director Social Welfare Department, Govt. of Bihar, Patna 3.

The District Magistrate Nawada 4.

The District Programme Officer Nawada 5.

The Child Development Project Officer Nardiganj, distt.- Nawada 6.

Usha Rani W/o Rajnish Kumar Vill.- Handia, P.s.- Nardiganj, Distt.- Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Chandram, Advocate For the Respondent/s :

Mr.Md. Raisul Haque (SC-10) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks an appropriate direction for setting aside the selection of one Usha Rani (Respondent no. 6), who has been appointed on the post of Anganbari Sevika for Ward No. 6 in Handia Panchayat and has also sought for further direction to select Anganbari Sewika for Ward No. 6 in strict compliance of the guidelines issued for the selection of Anganbari Sewika and Sahaika.

Learned counsel for the petitioner submits that in utter

Patna High Court CWJC No.20924 of 2019(2) dt.10-01-2020 2/3 contravention of the provisions, the selection of respondent no. 6 was made by the Aam Sabha and though several representations have been made by the local people of the Handia Panchayat with regard to the selection of Usha Rani before the District Magistrate as well as the CDPO but no action has been taken thereon. He, thus, submits that it is a fit case in which this Court may issue necessary direction and mandamus for strict compliance of the provisions for making such appointments.

Learned counsel for the State submits that under provisions Rule - 11 of the guideline of the year 2016, the appropriate authority is the DPO for taking necessary action, in case, of such disputes having arisen, the petitioner may be directed to file her representation for redressal of her grievance which shall be duly processed and decided in accordance with law.

Accordingly, the present writ application stands disposed off with a direction to the petitioner to represent before the District Programme Officer, Nawada, who will take immediate steps to make necessary enquiries in the matter and dispose of the representation of the petitioner preferably within a period of six weeks, after due enquiry and after hearing all the

Patna High Court CWJC No.20924 of 2019(2) dt.10-01-2020 3/3 necessary parties, from the date of receipt/production of a copy of this order .

(Anjana Mishra, J) Jagdish/- U