Kusumwati Kumari @ Kushumbati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1612 of 2024 ====================================================== Kusumwati Kumari @ Kushumbati Devi Wife of Shri Vipin Kumar, Resident of Village - Asanpur Kupaha, Ward No. 1, P.O. - Parsa Madho, P.S. - Kishanpur, District - Katihar.

... ... Petitioner/s

Versus

1.

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

2.

The Director, Integrated Child Development Scheme (I.C.D.S.) Bihar, Patna. 3.

The Commissioner, Koshi Division, Saharsa.

4.

The District Magistrate, Supaul.

5.

The District Programme Officer, (I.C.D.S.), Supaul. 6.

The C.D.P.O., Kishanpur, P.S.- Kishanpur, District- Katihar. 7.

The Chairman, Selection Committee of Anganwari Sewika/Sahayika, Ward No. 1, Gram Panchayat, Parsa Madho, P.S. - Kishanpur, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13, Advocate For the Respondent/s :

Ms.Kumari Anita, GP-3 Mr.Rajesh Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(a) A certiorari setting aside the order dated 20.06.2023 passed in Anganbari Revision Case no.57 of 2022 by the Respondent Commissioner, Koshi Division, Saharsa (Annexure- 7), whereby and whereunder he has dismissed the Revision application filed on behalf of the petitioner and has arbitrarily & illegally affirm the order

Patna High Court CWJC No.1612 of 2024(2) dt.29-02-2024 2/3 passed by Respondent District Programme Officer, Supaul.

(b) A certiorari setting aside the order dated 31.12.2021 contained in Memo No.

1771 passed by the Respondent District Programme Officer (I.C.D.S.) Supaul, whereby and whereunder the valid appointment of the petitioner on the post of Anganbari Sahayika for Anganbari Centre no.166 at Village Parsa Madho under Kishanpur Block in the District of Supaul has mechanically been cancelled on the basis of vague /collusive reports, though the petitioner was validly appointed on that post by the Resolution of Aam, Sabha of Gram Panchayat concerned.

(c) A mandamus commanding the respondent authorities concerned to allow the petitioner to continue on the Post of Anganbari Sahayika for the Anganbari Centre in question and also commanding them to pay arrears/current honorarium to the petitioner by restraining the respondent-authority concern from making fresh appointment on that post of Anganbari Sayayika till disposal of this writ application."

2. At the outset, the learned counsel for the petitioner

Patna High Court CWJC No.1612 of 2024(2) dt.29-02-2024 3/3 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 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