Husan Ara vs The State Of Bihar And Ors
2023 Latest Caselaw 459 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.11377 of 2015
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Husan Ara W/o Alimuddin, R/o village Bhurakhap, Gram Panchayat Madhopur, Dhathani, Block Sanhoula, P.S. Amdandah Sanhoula District Bhagalpur.

... ... Petitioner/s Versus

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

2. The Principle Secretary, Social Welfere Department Govt. Bihar, Patna.

3. The Director, Social Welfere Department Govt. of Bihar Patna

4. The District Magistrate, Bhagalpur District- Bhagalpur

5. District Programme Officer, Bhagalpur District- Bhagalpur

6. The Child Development Project Officer, Sanhoula, District- Bhagalpur

7. The Mukhia of Gram Panchayat Madhopur, Bathani, P.S. Sanhoula, District-

Bhagalpur.

8. The Panchayat Sevak, Gram Panchayat, Madhopur, Bathani P.S. Sanhoula, District- Bhagalpur.

9. Shabnam Khatoon, W/o Shamim Azad, R/o village Bhumokha Panchayat, Madhopur, P.S. Sanhoula, District- Bhagalpur.

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Adv. For the Respondent/s : Mr. K.K. Jha- AAG-14 ====================================================== 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.11377 of 2015 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.11377 of 2015 dt.30-01-2023

decided expeditiously within a period of six months and the

question of limitation will not arise.

(Sanjeev Prakash Sharma, J) amit/-

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