Savita Devi vs The State Of Bihar And Ors
2023 Latest Caselaw 426 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.17506 of 2015
     ======================================================

Savita Devi wife of Sheo Chandra Ram resident of village- Chhauraha, P.S. Betia, Mufasil, District- West Champaran ... ... Petitioner/s Versus

1. The State Of Bihar and Ors

2. The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna

3. The Director, I.C.D.S., Social Welfare Department, Govt. of Bihar, Patna

4. The District Magistrate, West Champaran

5. The District Programme Officer, West Champaran, Betia

6. The Child Development Project Officer, Majhaulia District- West Champaran

7. Pratima Devi wife of Shambhu Ram resident of village- Chhauraha, P.S. Betia, Mufasil, District- West Champaran ... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s    :       Mr. Arun Kumar
     For the State           :       Mr. Kamleshwar Kumar, GP 17

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 30-01-2023

1. In this writ petition grievance raised is relating to

appointment of Anganwadi Worker.

2. In C.W.J.C. No. 21963 of 2014 decided on

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

has held that the post of Anganwadi Worker does not fall within the

purview of State or Subordinate Services. The post of Anganwadi

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

appointment of Anganwadi Worker can be raised before the Collector Patna High Court CWJC No.17506 of 2015 dt.30-01-2023

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 Anganwadi

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) Suraj/-

AFR/NAFR CAV DATE Uploading Date Transmission Date