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Patna High CourtCWJC/708/2024dismissed

Kalawati Devi @ Kalavati Devi v. The State Of Bihar

2024-02-22Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.708 of 2024 ====================================================== Kalawati Devi @ Kalavati Devi W/o- Sunil Kumar Thakur, Resident of Village- Gaura, P.O.- Bishunpur Kalyan, Block and P.S.- Sahebganj, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Social Welfare Deptt. Govt. of Bihar, Patna.

2.

The Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate, Muzaffarpur.

4.

The District Programme Officer (I.C.D.S.), Muzaffarpur. 5.

The Block Development Officers, Sahebganj, District- Muzaffarpur. 6.

The Child Development Project Officer, Sahebganj Block, DistrictMuzaffarpur. 7.

The Secretary National Institute of Open Schooling, A- 24/25 Industrial Area, Sector-62, Noida, District- Gautam Buddha Nagar, Utter Pradesh, Pin Code- 201309.

8.

Reshmi Kumari, W/o- Lawkesh Kumar, Resident of Village- Gaura, Ward No.- 01, P.O.- Prishunpur Kalyan, Block and P.S.- Sahebganj, DistrictMuzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Ranjan, Advocate For the State :

Mr.Sita Ram Yadav, GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of writ/writs, direction/directions, order/orders to set aside the order dated 09-11-2023 passed in I.C.D.S. Revision Case No.-74 of 2022 passed by the Learned Commissioner,

Patna High Court CWJC No.708 of 2024(2) dt.22-02-2024 2/3 Tirhut Division Muzaffarpur whereby and when under the selection of the petitioner on the post of Anganbari Sevika for Anganbari Centre No.-33, ward no.-01, under village and Gram Panchayat Raj Gaura has been cancelled and further given direction to lodged the FIR and made recovery of honorarium against the petitioner on the basis of false educational certificate.

(ii) For issuance of direction to make proper enquiry against the institute (Respondent No.-5) and genuineness of her certificate.

(iii) For issuance of direction to the respondents to terminate respondents no.-8 and reinstate the service of the petitioner on the basis of verification certificate issued by National institute of Open Schooling, Noida (UP) (iv) For issuance of direction to the respondents to pay the honorarium to the petitioner since her joining on the post of Anganbari Sevika."

2. At the outset, 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, including that

Patna High Court CWJC No.708 of 2024(2) dt.22-02-2024 3/3 of filing a civil suit, before the learned Civil Court, having competent jurisdiction for redressal of her aforesaid grievances. Liberty so sought is granted.

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