Renu Devi vs The State Of Bihar And Ors
2023 Latest Caselaw 447 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.17013 of 2015
     ======================================================

Renu Devi W/o Ram Prit Paswan, resident of village- Gamhariya, P.S.-

Benipatti, District- Madhubani

... ... Petitioner/s Versus

1. The State Of Bihar and Ors

2. The District Magistrate, Madhubani

3. The District Programme Officer, Madhubani

4. The Child Development Project Officer, Benipatti, Madhubani

5. Poonam Devi, W/o Raj Kumar Paswan, Anganwari Sevika, Centre No. 3, Block- Benipatti, District- Madhubani

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

For the Petitioner/s : Mr.Sunil Kumar, Adv. For the Respondent/s : Mr. Nadeem Seraj, GP 20 ====================================================== 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 Patna High Court CWJC No.17013 of 2015 dt.30-01-2023

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 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 Patna High Court CWJC No.17013 of 2015 dt.30-01-2023

question of limitation will not arise.

(Sanjeev Prakash Sharma, J) Suraj/-

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