Ruby Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16627 of 2023 ====================================================== Ruby Devi Wife of Shiv Dayal Prasad, Resident of Bikram, Khoraitha, P.S.- Bikram, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Govt. of Bihar, Patna.

2.

The State Health Society through its Secretary, Bihar, Patna. 3.

The District Magistrate, Patna.

4.

The Civil Surgeon-cum-Secretary, District Health Society, Patna. 5.

The In-charge Medical Officer, Primary Health Centre, Bikram, Patna. 6.

The Municipal Executive Officer, Nagar Panchayat, Bikram, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary, Adv.

For the Respondent/s :

Mr.Subhash Chandra Mishra (Sc16) For the SHS :

Mr. K.K.Sinha, Adv.

Mr. Shashi Shekhar, Adv.

====================================================== 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 quashing of letter No. 259 dated 27.05.2022 issued under the signature of Respondent No. 5 whereby and whereunder a show cause has been issued to the petitioner as to why her selection as Asha worker shall not be cancelled in light of provision made in Subpara 04 of Para- 7 of Letter No. SHSB/PM(ASHA)/25/2010/ part- III/956 dated 22.05.2020 issued by the State Health Society by which a provision has been made that any Asha Worker who shall be selected as

Patna High Court CWJC No.16627 of 2023(2) dt.20-04-2024 2/2 Mukhiya, Sarpanch, Member of Panchayat Samiti, Ward Member, Representative of Civic Bodies shall not be eligible to continue on the post of Asha Worker.

(ii). For quashing of Sub-para 04 of Para- 7 of Letter No. SHSB/PM(ASHA)/25/2010/ partIII/956 dated 22.05.2020 issued by the State Health Society by which a provision has been made that any Asha Worker who shall be selected as Mukhiya, Sarpanch, Member of Panchayat Samiti, Ward Member, Representative of Civic Bodies shall not be eligible to continue on the post of Asha Worker. (iii). For a direction to the respondents not to take any coercive measure against the petitioner till the disposal of the present writ application." 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. Liberty, so sought, is granted.

3.

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