Kalpana Kumari Gond vs The State Of Bihar And Ors
2023 Latest Caselaw 699 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.21859 of 2013
     ======================================================

Kalpana Kumari Gond W/O Manish Kumar Resident Of Sewainsingpur, P.O- Bujurgdwar, Block- Khanpur, District- Khanpur, District- Samastipur.

... ... Petitioner/s Versus

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

2. The Director, Integrated Child Development Scheme (ICDS), Bihar, Patna.

3. The Child Development Project Officer, Khanpur, Samastipur.

4. The District Programme Officer (ICDS), Social Welfare Department, Samastipur.

5. The District Magistrate, Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar, Adv. For the Respondent/s : Mr. Sita Ram Yadav, G.P.-16 Mr. Jitendra Kumar, A.C.-G.P.-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 07-02-2023

1. 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 against Patna High Court CWJC No.21859 of 2013 dt.07-02-2023

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) lata/-

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