Muhsina Khatoon And Mohsina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1338 of 2024 ====================================================== Muhsina Khatoon and Mohsina Khatoon Wife of Md. Gulam Sarber Resident of Village-Talim Tola, Chanda Khero, P.S.-Puraini, District-Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Social Welfare Department, Patna.

2.

The Additional Chief Secretary, Social Welfare Department, Bihar, Patna. 3.

The Divisional Commissioner, Koshi Division, Koshi. 4.

The District Magistrate, Madhepura.

5.

The District Programme Officer, Madhepura.

6.

The Child Development Programme Officer, Puraini, Madhepura. 7.

Chand Praween Wife of Md. Sauf Alam, R/o-Diwan Tola, Chanda, Ward no. 18, P.S.-Puraini, District-Madhepura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akash Anand, Advocate For the Respondent/s :

Mr. Vijaya Laxmi Srivastava, AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2024 The present writ petition has been filed seeking the following reliefs:- "1.For issuance of an appropriate direction/s, writ/s, order/s for quashing order dated 30.05.2023 passed by District Magistrate in Anganwadi Appeal Case No.

38/2019 filed by private respondent no. 7 whereby and whereunder he was pleased to set aside order dated 28.10.2019 passed by

Patna High Court CWJC No.1338 of 2024(2) dt.29-02-2024 2/3 respondent no. 5 in Anganwadi Case no. 31/2018 and cancelled the appointment of the petitioner as Anganwadi Sevika and has directed to recover the amount so paid to the petitioner and after quashing order dated 30.05.2023 the petitioner may be permitted to continue to work as Anganwadi Sevika in Ward no. 18.

(ii) For issuance of an appropriate writ/order/direction to the respondents to adhere to order dated 28.10.2019 and do not interfere in appointment of the petitioner as Anganwadi Sevika for Ward no. 18, who has been appointed after order passed by respondent no. 5 in Anganwadi Case No. 31/2018 and not to recover the amount paid to the petitioner as per direction given by the respondent no. 4 in the order dated 30.05.2023.

(iii) For issuance of an appropriate writ/s, order/s, direction/s to the respondent not to disturb the petitioner from functioning as Anganwadi Sevika at Ward no. 18 in

Patna High Court CWJC No.1338 of 2024(2) dt.29-02-2024 3/3 Gram Panchayat Auraiya, P.S.- Puraini and not to recover the amount paid to her, as per order dated 30.05.2023."

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 of filing a suit before the Ld. Civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U