Patna High Court
Ambika Devi vs The State Of Bihar And Ors on 24 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5985 of 2017
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Ambika Devi W/o Ram Sholk Singh, R/o Village-Bhaluaha, Panth Pakar,
Ward No. 16, P.S.-Bathnaha, District-Sitamarhi
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.
3. The Divisional Commissioner, Tirhut Division, Muzaffarpur
4. The District Magistrate, Sitamarhi
5. The District Programme Officer, Sitamarhi
6. The Child Development Project Officer, Bathnaha, Sitamarhi
7. The Supervisor, Child Development Project Officer, Bathnaha, Sitamarhi
8. Saumya Sardilya W/o Vijay Kumar R/o Village- Bhathanah, P.O. Panth
Paker, Ward No. 16, P.S. Bathraha , Distt. Sitamarhi.
9. Ritu Kumari W/o Ramashanker Singh R/o Village- Bhathanah, P.O. Panth
Paker, Ward No. 16, P.S. Bathraha , Distt. Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shailesh Kumar
For the Respondent/s : Mr.Prashant Pratap-Gp2
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 24-11-2021
Heard learned counsel for the parties.
In the instant petition, petitioner has prayed for following
relief/reliefs:
"i) For issuance of a writ of certiorari for quashing of
order vide memo no. 410 dated 23.03.2017 passed in Case No.
1/2017 by respondent no. 5, whereby and where under the
petitioner has been removed from the post of Sevika on the
ground that the Hon'ble Court has removed the petitioner.
ii) For issuance of a writ of mandamus for commanding
the respondents to ensure that the petitioner be restored to the
post of Anganbari Sevika at Anganbari Centre No. 75, Ward
No. 16, within Pandaul @ Panth Pakar Panchayat, Block-
Bathnaha, District Sitamarhi by considering the fact that the
Patna High Court CWJC No.5985 of 2017 dt.24-11-2021
petitioner has never been removed from post of Anganbari
Sevika by the Hon'ble Court.
iii) For issuance of writ of mandamus for direction to the
respondents not to disturb the functioning of the petitioner as
the petitioner has been appointed by duly constituted Aam
Sabha in due process of law.
iv) For issuance of any other relief/reliefs which may deem fit
and proper and for which the petitioner may entitle."
On 16.11.2021, the following order was passed.
"Concerned selecting authority is hereby directed to
file an affidavit as to whether the petitioner, who has been
appointed as Sahayika has resigned from such post seeking
entitlement to participate in the process of selection on the
post of Sevika as on 23.09.2016 so as to ascertain whether
petitioner is eligible to participate in the process of selection
to the post of Sevika or not."
Today, learned counsel for the state on instruction submitted
that he has filed an affidavit in clarifying the 2016 guidelines that
for the purpose of selection and appointment to the post of Sevika
if a person was already working as Sahayika is not entitled to
participate. Such a contention by means of an affidavit the
guidelines issued in the year 2016 cannot be modified.
Undisputedly 2016 guidelines for selection and appointment to the
post of Sevika there is no condition in debarring Sahayika who
was appointed and resigned is not entitled to participate in the
process of recruitment the post of Sevika. Therefore, petitioner
has made out a case.
Accordingly, order dated 23.03.2017 is set aside. Petitioner
is entitled to all benefits including monetary benefits. The same
Patna High Court CWJC No.5985 of 2017 dt.24-11-2021
shall be calculated and disbursed in favour of the petitioner within
a period of two months from the date or receipt of this order.
Petitioner is entitled to litigation cost and it quantified @
Rs.10,000/-. Cost shall be paid to the petitioner.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.11.2021
Transmission Date NA
