Mira Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24651 of 2019 ====================================================== Mira Kumari, aged about 24 years, Female, Wife of Bikas Kumar, Resident of Village- Tejaul, Police Station- Gaighat, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.

2.

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

3.

The District Magistrate, Muzaffarpur.

4.

The District Programme Officer, Muzaffarpur.

5.

The Block Development Officer, Gaighat, Muzaffarpur. 6.

The Block Education Officer, Gaighat, Muzaffarpur. 7.

The C.D.P.O., Gaighat, Muzaffarpur.

8.

Kajal Kumari, aged about 19 years, Female, Wife of Sumit Kumar, Resident of Village- Tajaul, Police Station- Gaighat, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Respondent/s :

Mr.Gyan Prakash Ojha (Ga7) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-12-2019 Heard both sides.

The petitioner filed this writ petition for issuance of a direction to the C.D.P.O., Gaighat, Muzaffarpur to select the petitioner on the post of Anganwari Sevika at panchayat Baruari, village Tejaul, Ward No.2 after quashing the order dated 14.10.2019 by which the respondent no.8 has been appointed on the post of Anganwari Sevika.

Learned counsel for the petitioner submits that Aam Sabha was called for selection of Anganwari Sevika and the C.D.P.O., Gaighat, Muzaffarpur appointed the respondent no.8, Kajal Kumari violating the directions issued for selection and engagement of Anganwari Sevika/Sahayika in the year 2016. It

Patna High Court CWJC No.24651 of 2019(2) dt.10-12-2019 2/2 is further submitted that the petitioner filed petition before the C.D.P.O., Gaighat, Muzaffarpur and also before the District Magistrate, Muzaffarpur vide Annexure-4 series but the authorities have not yet considered the objections of the petitioner. There is a provision under the directions of 2016 that if a person is aggrieved by selection of a person on the post of Anganwari Sevika/Sahayika, she shall file petition before the C.D.P.O., who shall pass order in accordance with law and thereafter appeal is provided before the Collector. Having considered the facts, I dispose of this writ petition with a direction to the C.D.P.O., Gaighat, Muzaffarpur/Collector, the appropriate authority, to consider the complaint/petition filed by the petitioner within three months from the date of receipt of this order after hearing all the concerned parties and pass appropriate order in accordance with law.

The writ petition is disposed of with the aforesaid direction.

(Prabhat Kumar Jha, J) S.KUMAR/- U