Patna High Court
Sumitra Kumari vs The State Of Bihar And Ors on 29 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.2011 of 2016
In
Civil Writ Jurisdiction Case No.8446 of 2014
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Sumitra Kumari Wife of Sri Suresh Prasad Rai resident of Village - Muja, P.S.
- Saraiya, District - Muzaffarpur.
... Petitioner ... Appellant/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Welfare Department, Govt. of Bihar, Patna.
3. The District Magistrate, Muzaffarpur.
4. The District Development Commissioner, Tirhut Division, Muzaffarpur.
5. The District Welfare Officer, Muzaffarpur.
6. The District Programme Officer, Muzaffarpur.
7. The Block Development Officer, Saraiya, District - Muzaffarpur.
8. The Child Development Project Officer, Saraiya, District - Muzaffarpur.
9. The Mukhiya, Gram Panchayat Raj Rampur Vishwanath, Block - Saraiya,
District - Muzaffarpur.
10. The Panchayat Secretary, Gram Panchayat Raj Rampur Vishwanath, Block -
Saraiya, District - Muzaffar
11. Smt. Kamni Devi Wife of Sri Suresh Thakur resident of village - Repura,
Rampur Vishwanath, P.O. - Jaitpur, Block - Saraiya, District - Muzaffarpur.
... Respondents ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Shashi Bhushan Singh, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, (Ga7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 29-01-2021
Heard learned counsel for the appellant and learned
counsel for the State.
This LPA under Clause 10 of Letters Patent Appeal
has been preferred for setting aside the judgment and order
Patna High Court L.P.A No.2011 of 2016 dt.29-01-2021
dated 06.09.2016 passed in C.W.J.C. No. 8446 of 2014 passed
by a learned Single Judge of this Hon'ble Court by which the
learned Single Judge has directed to re-advertise and hold fresh
selection on the post of Aaganwari Sevika.
Petitioner had filed the writ petition for a direction to
appoint her against the post of Aaganwari Sevika after
appointment of respondent no.11, Kamni Devi, has been set
aside by the District Programme Officer, Muzaffarpur by order
dated 8.2.2014.
It is submitted on behalf of respondent no.11, Smt.
Kamni Devi, that against the order dated 8.2.2014, passed by
District Programme Officer, she filed an appeal before the
Deputy Director, Welfare, Muzaffarpur and by order dated
17.3.2015, her appeal has been allowed and the order of
removal passed against her by District Programme Officer,
Muzaffarpur has been set aside and thereafter she has been
reinstated and working on the post of Anganwari Sevika, a
photocopy of appellate order has been placed before this Court
which shall form part of record of this case.
In view of order of removal dated 8.2.2014 passed by
the District Programme Officer being set aside in appeal
pursuant to which respondent no.11 has been reinstated, as
Patna High Court L.P.A No.2011 of 2016 dt.29-01-2021
such, present LPA has become infructuous and is accordingly,
dismissed.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.01.2021
Transmission Date NA
