Ranju Kumari vs The State Of Bihar And Ors
2023 Latest Caselaw 449 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.15323 of 2014
     ======================================================

Ranju Kumari Wife of Sri Bhuneshwar Kumar Azad, Resident of Village- Kamta Chak, Post - Mitan Chak, Police Station - Gopalpur, District- Patna, Gram Panchayat-Bhelwara Dariyapur, Ward no. 12, Block - Sampat Chak Cum Punpun, District- Patna.

... ... Petitioner/s Versus

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

2. The Director, Integrated Child Development Services, Indira Bhawan, Bailey Road, Patna.

3. The District Magistrate, Patna.

4. The District Programme Officer, Patna.

5. The Child Development Project Officer, Punpun-cum-Sampatchak, Patna.

6. The Block Development Officer, Punpun-cum-Sampatchak, Patna.

7. The Mukhiya Gram Panchayat Bhelwawara, Dariyapur, Block Punpun-

Cum-Sampatchak, Patna.

8. Smt. Madhuri Kumari Wife of Sunil Sharma, Resident of Village-

Kamtochak, P.O.- Mitanchak, P.S.- Gopalpur, District- Patna.

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

For the Petitioner/s : Mr. Sanjeev Nikesh, Adv. For the Respondent/s : Mr. Partha Sharathi, GA-11 ====================================================== 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 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 Patna High Court CWJC No.15323 of 2014 dt.30-01-2023

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

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 Patna High Court CWJC No.15323 of 2014 dt.30-01-2023

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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