Punam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16603 of 2023 ====================================================== Punam Kumari Wife of Vijay Kumar Singh, Resident of village - Panapur Silothar, Vaishali Kala Pahar, Police Station - Vaishali, District - Vaishali, at present Anganbari Sevika, Centre No. 56, Police Station- Vaishali, DistrictVaishali. ... ... Petitioner/s

Versus

1.

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

2.

The Director, I.C.D.S., Bihar, Patna.

3.

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

The District Programme Officer, Vaishali, District - Vaishali. 5.

The Child Development Project Officer, Jandaha, District - Vaishali. 6.

Sangeeta Kumari, Wife of Suresh Prasad Singh, Resident of Village - Salha, Police Station - Jandaha, District - Vaishali at present Anganwadi Sevika, Anganwadi Centre No. 56, Police Station - Vaishali, District - Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Respondent/s :

Mr.Gyan Prakash Ojha ( Ga 7 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-04-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of writ/writs in the nature of certiorari for setting aside the order dated 26.09.2023 passed in letter number 1441 by the District Program Officer, Vaishali (Respondent No. 4) whereby and whereunder the petitioner was directed to discharge her duty in ward No.5 and the respondent no. 6 namely, Sangeeta Kumari will discharge her duty on the post of Anganwadi sevika.

Patna High Court CWJC No.16603 of 2023(2) dt.20-04-2024 2/3 (ii). For issuance of the writ in nature of mandamus commanding the respondents, immediately pass and order with regard to appoint the petitioner on the post of Anganwadi sevika in ward No. 3.

(iii). For commanding the respondents as to why District Programme Officer passed erroneous order dated 26.09.23 by superseding the order passed by the Collector Vaishali.

(iv). For commanding the respondent not to disturb the service of the petitioner as Anganwadi sevika in ward no. 3.

(v). For issuance of writ/writs in the nature of Mandamus to commanding the Respondents to dispose of the appeal filed on 08.12.2021 filed by the petitioner in light of High court's order dated 05.04.2021 passed in C.W.J.C No.9138 of 2020. (vi). For commanding the Respondents as to why the appeal preferred by the petitioner in Appeal case no. 10 of 2021-22 filed on 08.12.2021.

(vii). For commanding the Respondents despite the specific direction a bench of this Hon'ble Court the appeal preferred by the petitioner has not been disposed off."

2.

After some arguments, 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

Patna High Court CWJC No.16603 of 2023(2) dt.20-04-2024 3/3 including that of filing a suit before the learned Civil Court having competent jurisdiction. Liberty, so sought, is granted. 3.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U