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Patna High CourtCWJC/17880/2024disposed

Archana Kumari v. The State Of Bihar,

2024-11-26Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17880 of 2024 ====================================================== Archana Kumari Daughter of Subhash Prasad and Wife of Anuj Kumar Resident of Village- Dularpura, Ward No.2 within Nagar Panchayat, Rajauli, Police Station- Rajauli, District- Nawada.

... ... Petitioner

Versus

1.

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

2.

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

3.

The Divisional Commissioner, Magadh Division, Gaya. 4.

The Deputy Director, Welfare, Magadh Division, Gaya. 5.

The District Magistrate, Nawada.

6.

The Deputy Development Commissioner, Nawada.

7.

The District Programme Officer, I.C.D.S. Cell, Nawada. 8.

The Child Development Project Officer, Rajauli, District- Nawada. 9.

The Lady Supervisor-cum-Member Secretary, Child Development Project Office, Rajauli, District- Nawada.

10.

Rubi Kumari Wife of Shri Purushottam Kumar Resident of VillageDularpura, Ward No.2 within Nagar Panchayat, Rajauli, Police StationRajauli, District- Nawada. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ranjit Kumar Singh, Advocate For the Respondents :

Mr. Government Pleader (2) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 26-11-2024 Heard learned counsel for the parties.

2. By means of this writ petition the petitioner has put to challenge the order dated 14.06.2024 issued by the District Programme Officer, I.C.D.S., Nawada (Annexure-P/10 to the writ petition) whereby the petitioner has been removed from her engagement as Aanganbari Sevika at Takuatand, Rajauli.

3. Learned Advocate for the State has pointed out that against the decision of the District Programme Officer in

Patna High Court CWJC No.17880 of 2024(2) dt.26-11-2024 2/3 relation to the matter pertaining to the Aanganbari Sevika, an appeal lies before the concerned District Magistrate, as per the Aanganbari Sevika/ Sahayika Selection Guide lines, 2016 issued by the Department of Social Welfare.

4. The petitioner in paragraph-13 has stated that against the order dated 14.06.2024 issued by the District Programme Officer, Nawada whereby the petitioner's engagement as Aanganbari Sevika has been removed, an appeal was preferred before the District Magistrate, Nawada vide Aanganbari Appeal Case No. 18(M) of 2024 under the aforesaid 2016 guidelines, but the same is pending consideration by the District Magistrate, Nawada.

5. The petitioner states that it is under the aforesaid circumstances that this writ petition has been filed challenging the order dated 14.06.2024 issued by the District Programme Officer, Nawada removing the petitioner from her engagement as Aanganbari Sevika at Takuatant, Rajauli.

6. Having heard learned counsel for the parties, since an appeal lies before the concerned District Magistrate against the decision of the District Programme Officer pertaining to the Aanganbari Sevika in terms of Aanganbari Sevika/ Sahayika Selection Guide lines, 2016 and the petitioner has already

Patna High Court CWJC No.17880 of 2024(2) dt.26-11-2024 3/3 preferred an appeal before the District Magistrate, Nawada vide Aanganbari Appeal Case No. 18(M) of 2024, challenging the decision of the District Programme Officer, Nawada dated 14.06.2024 removing her from her engagement as Aanganbari Sevika, I am of the view that this writ petition can be disposed off with a direction to the District Magistrate, Nawada to consider and dispose of the Aanganbari Appeal Case No. 18(M) of 2024 preferred by the petitioner.

7. This writ petition accordingly is hereby disposed off with a direction to the District Magistrate, Nawada/ respondent No. 5 to consider and dispose off the Aanganbari Appeal Case No. 18(M) of 2024 filed by the petitioner, in accordance with law, as expeditiously as possible, and in any case not later than four weeks from the date of submission of the certified copy of the order.

(Nani Tagia, J) Nishant/- U