Reema Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15549 of 2018 ====================================================== Reema Kumari W/o Sri Sanjay Kumar Sahu, Resident of VillageChhorapatti, P.O.- Tumaul, P.S.- Ghanshyampur, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Darbhanga.

3.

The Director, ICDS, Bihar, Patna.

4.

The District Programme Officer, ICDS, Darbhanga. 5.

The Child Development Project Officer, Ghanshyampur, Darbhanga. 6.

Jaimala Devi, Wife of Sri Jiwachh Prasad Sahu, Resident of VillageP.O.- Tumaul, P.S.- Ghanshyampur, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Jha, Adv.

For the Respondent/s :

Mr. Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-09-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed for quashing the order dated 11.07.2018 passed by the District Magistrate, Darbhanga in Anganwadi Appeal No. 02 of 2017, whereby the claim of the petitioner has been rejected on the ground that Hon'ble High Court has passed order in C.W.J.C. No. 16489 of 2013 to the extent that one Jaymala Devi has been selected and her joining may be accepted.

3. Learned counsel for the petitioner submits that the petitioner was appointed on the post of Anganwadi Sevika at

Patna High Court CWJC No.15549 of 2018(2) dt.02-09-2024 2/3 Anganwadi Centre No. 14, Chharapatti, Gram PanchayatTumaul, Block-Ghanshyampur, District-Darbhanga. He further submits that the order passed by the District Magistrate, Darbhanga dated 11.07.2018 is not sustainable, due to the reason that the said C.W.J.C. No. 18184 of 2017 has been passed without hearing the petitioner.

4. Learned counsel for the State on the other hand opposes the prayer of the petitioner and submits that the petitioner of C.W.J.C. No. 18184 of 2017 was appointed prior to 2011 and she was removed from the post of Anganwadi Sevika vide Memo No. 1496 dated 29.08.2011 which was challenged before this Hon'ble Court in C.W.J.C. No. 16489 of 2013 in which final order has been passed on 18.09.2017 directing to accept the joining of the petitioner of said C.W.J.C. which has categorically been acknowledged by the District Magistrate, Darbhanga in his order.

5. Learned counsel for the State further submits that the existence of the petitioner has come as the post of Anganwadi Sevika in the year 2014 and her appointment was subject to decision of the case pending before this Hon'ble Court and as such, the decision of this Hon'ble Court has come, the petitioner has no case left.

Patna High Court CWJC No.15549 of 2018(2) dt.02-09-2024 3/3

6. In the present facts and circumstances of the case, this Court is of the view that the order passed by the District Magistrate, Darbhanga is well reasoned and speaking in which reason has been assigned, under the said circumstance, the petitioner has no case at all and hence, this writ application stands dismissed.

(Dr. Anshuman, J) sadique/- U