Patna High Court
Sulekha Kumari vs The State Of Bihar And Ors on 17 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9736 of 2015
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Sulekha Kumari W/o Sri Ajit Kumar Singh R/O village- Daud Nagar,
Chakgadho, P.O. Daud Nagar Chakgadho, Block P.S.- Bidupur, District
Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Director, Department of Welfare, Bihar, Patna.
3. The Deputy Director , Welfare Department, Tirhut Division, Muzaffarpur.
4. The District Magistrate, Vaishali.
5. The District Programme Officer, Vaishali.
6. The Block Development Officer, Daudnagar Prakhand, Bidupur, Vaishali,
Vaishali.
7. The Child Development Project Officer, Bidupur Rural Vaishali.
8. Anjali Devi , Ward Member , Ward No. 9 Daud Nagar, Chakgadho , Block
P.S - Bidupur, District - Vaishali
9. Kamli Kumari W/o Sri Harendra Prasad Singh R/o At and P.O. Daud Nagar ,
Chakgadho, Block P.S. - Bidupur, District - Vaishali.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mrs. Namrata Mishra, Advocate
Mrs. Archana Jha, Advocate
For the Respondent/s : Mr. K. Singh, AC to SC-28
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 17-08-2023
1. The present writ petition has been filed
seeking the following reliefs:-
"1.(I) For quashing of order contained
in memo no. 83 dated 16.04.2015
passed by the Deputy Director,
Welfare, Tirhut Division, Muzaffarpur,
in Aganwari Service Appeal Case
Patna High Court CWJC No.9736 of 2015 dt.17-08-2023
No.103/2013-14 whereby and
whereunder the Appellate Authority
on the appeal filed by the petitioner
has set aside the order dated
23.09.2013 passed by the District
Programme Officer, Vaishali in Case
No. 103/2013-14 and has directed for
holding fresh selection of Aganwari
Sevika for centre no.223, Daudnagar
Prakhand, Bidupur, Vaishali.
(II). For also quashing of the order
dated 23.09.2013 passed by the
District Programme Officer, Vaishali in
Case No. 103/2013-14 whereby and
whereunder the petitioner's
appointment on the post of Aganwari
Sevika for centre no.223, Daudnagar
Prakhand, Bidupur, Vaishali, has been
held to be not legal and directed for
appointment of Respondent no. 9 on
the said post of Aganwari sevika.
(III) For a direction to the authorities
to make payment of
salary/honorarium and other
emoluments for the period she
worked at the Aganwari Centre No.
223 since August, 2014. "
Patna High Court CWJC No.9736 of 2015 dt.17-08-2023
2. At this juncture, this Court would refer to
a judgment rendered by the learned Division Bench
of this Court in the case of Babita Kumari v. The
State of Bihar and others, reported in 2016
SCC Online Pat 9434, paragraphs no. 7 and 8
whereof are reproduced herein below:-
"7. Having considered the rival
contentions, we do not find any merit
in the present appeal. The charges
against the appellant were very clear
as would be apparent from the show
cause dated 22.02.2012, which was
issued in light of the findings in the
enquiry report as well as the relevant
documents/registers which were
required to be maintained at the
Centre. Reply given by the appellant,
copy of which has been brought on
record, does not indicate any
justification and rather it has been
stated that on 24.09.2011 at the time
of Inspection, the children were still
coming and on 07.10.2011, she
herself had gone to call the children
and during that time the inspection
was held. It was further stated by the
appellant that on 30.09.2011 she had
Patna High Court CWJC No.9736 of 2015 dt.17-08-2023
become ill due to being drenched by
rain. We find that such explanation is
vague and evasive and does not
inspire confidence. The spirit and
object of running Anganbadi Centres
cannot be overemphasized and the
purpose is to ensure the welfare of
children from the lowermost and
deprived strata of society. Any lapse
in execution of the said scheme has
to be taken very seriously. Closure of
even one day entails the beneficiaries
going without their meals, which
cannot be overlooked. Thus, we do
not find any infirmity in the decision
of the authorities cancelling her
selection as well as the procedure
adopted by them prior to passing
such order.
8. For the reasons aforesaid, the
Letters Patent Appeal, being devoid of
merit, stands dismissed."
3. It would be apt to refer to yet another
judgment rendered by the learned Division Bench
of this Court in the case of Neetu Kumari v. The
State of Bihar and others, reported in 2011 (4)
Patna High Court CWJC No.9736 of 2015 dt.17-08-2023
PLJR 20, paragraphs no. 4 and 5 whereof are
reproduced herein below:-
"4. In our considered view, the post of
Anganbari Sevika is not a post having
security of tenure or protection under
Article 311 of Constitution of India.
Considering the very nature of
engagement which provides of
honorarium, we are of the view that in
case the appellant still feels
aggrieved, she may approach the
Civil Court for damages. There is
nothing at stake in such a scheme
other than honorarium. For such
contractual engagements the relief of
reinstatement is not appropriate and
even if there is breach of the scheme
or any other principle of law, the claim
should ordinarily be permitted, if
found good on merits, only for
damages.
5. The appeal is dismissed."
4. Considering the law laid down by the
learned Division Bench of this Court, as aforesaid,
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
Patna High Court CWJC No.9736 of 2015 dt.17-08-2023
other alternative remedies as are otherwise
available under the law. Liberty, so sought, is
granted.
5. The writ petition stands dismissed as not
pressed.
(Mohit Kumar Shah, J)
S.Sb/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 17.08.2023
Transmission Date N/A
