Baby Kumari vs The State Of Bihar And Ors
2023 Latest Caselaw 729 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2355 of 2016
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Baby Kumari wife of Babloo Kumar, resident of Village- Karhara, P.O.- Budhwara, P.S.- Govindpur, District- Nawada.

... ... Petitioner/s Versus

1. The State Of Bihar through the District Collector, Nawada.

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

3. The Commissioner, Magadh Division, Gaya

4. Deputy Director, Welfare, Magadh Division, Gaya.

5. The District Programme Officer, Nawada.

6. The Child Development Project Officer, Govindpur, District- Nawada.

7. Guddi Kumari, Wife of Ajit Kumar, Resident of Village P.O.- Budhwara, P.S.- Govindpur, District- Nawada.

8. Babita, wife of Anandi Kumar, Resident of Village- Karhara, P.S.-

Govindpur, District- Nawada.

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

     For the Petitioner/s   :     Mr.Hansraj
     For the Respondent/s   :     Mr.N.H. Khan- Sc18

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 09-02-2023

In the writ application, the petitioner has prayed for

following reliefs:-

"1. For issuance of an appropriate writ for quashing memo no. 130 dated 30.03.2015 issued by the Child Development Officer, Govindpur, District - Nawada (respondent no. 6) whereby the joining of the petitioner has been rejected, as contained in Annexure-5 to this writ application.

Patna High Court CWJC No.2355 of 2016 dt.09-02-2023

2. For issuance of an appropriate writ commanding the respondent no. 6 - The Child Development Project Officer, Govindpur, Nawada to accept the joining of the petitioner as Anganbari Sewika of Centre Budhwara-III, Code No. 50, Ward No. 7 and to pay the consequential benefits from the date of her joining.

3. For any other relief/reliefs for which the petitioner is entitled under law as well as on facts."

Heard learned counsel for the parties.

The post of Anganbari Sevika / Sahayika is not a post

having security of tenure or protection under Article 311 of the

Constitution of India. It does not fall within the purview of the

State or subordinate services and is a post under a scheme

regulated by guidelines of the State Government, which are not

enforceable in law. The very nature of engagement provides for

honorarium. It is purely a contractual engagement.

In view thereof, the writ petition would not lie with

regard to the selection process of Anganwari worker and is,

accordingly, dismissed.

Patna High Court CWJC No.2355 of 2016 dt.09-02-2023

However, while dismissing the writ petition, it is

observed that if the petitioner still feels aggrieved, she may

approach the competent authority.

(Prabhat Kumar Singh, J) anay/-

AFR/NAFR              NAFR
CAV DATE              N/A
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Transmission Date     15.02.2023