Renu Kumari vs The State Of Bihar And Ors
2023 Latest Caselaw 633 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.21013 of 2013
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Renu Kumari W/O Santosh Yadav Resident Of Village - Madhukarchak, Police Station - Bihariganj, District - Madhepura ... ... Petitioner/s Versus

1. The State Of Bihar through the Chief Secretary Government of Bihar

2. The Director, Integrated Child Development Services Bihar, Patna

3. The Commissioner, Koshi Division, Saharsa

4. The Collector, Madhepura

5. The District Programme Officer, Madhepura

6. The Child Development Project Officer, Bihariganj

7. Juhi Devi W/O Kaushal Kishore Jha Resident Of Village - Madhukarchak, Police Station - Bihariganj, District - Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Respondent/s : Mr. Kamlesh Kishore, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 02-02-2023

In this writ petition grievance raised is relating to

appointment of Anganwari Worker.

2. In CWJC No. 21963 of 2014 decided on

12.12.2022 (Reena Kumari Vs. State of Bihar & Ors.,) this

Court has held that the post of Anganwari Worker does not fall

within the purview of State or Subordinate Services. The post of

Anganwari Worker is under a scheme introduced by Govt. of

India and respective State Govts. and regulated by guidelines

which are non-statutory and therefore not enforceable in law.

The appointment is on honorarium basis and no statutory

procedure has been laid down.

3. Of course, under the guidelines, grievance Patna High Court CWJC No.21013 of 2013 dt.02-02-2023

against appointment of Anganwari Worker can be raised before

the Collector of concerned District with a further revision to the

Commissioner.

4. Even the orders passed by the Collector or the

Commissioner would not be a subject matter of judicial review

as the power being exercised by them relating to a dispute of

Anganwari Worker is under guidelines and they do not act as a

statutory authority while deciding such dispute. In view thereof,

the writ petition would not be maintainable even against the

orders of the Collector or the Commissioner.

5. Leaving it open to the respective writ petition to

avail any of the aforesaid remedies, if they have not so availed,

the writ petition is held to be not maintainable.

6. Accordingly, this writ petition is dismissed with

the aforesaid liberty.

7. If an appeal/revision is filed, the same shall be

decided expeditiously within a period of six months and the

question of limitation will not arise.

(Sanjeev Prakash Sharma, J) Brajesh Kumar/-

AFR/NAFR                 NAFR
CAV DATE
Uploading Date          04.02.2023.
Transmission Date