Patna High Court
Sangita Devi vs The State Of Bihar And Ors on 30 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11348 of 2015
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Sangita Devi Daughter of Awadesh Thakur, wife of Sunil Thakur, Resident of
village- Sjhambhuchak Tola Kunwarpur, P.S.- Kalyanpur, District- West
Champaran.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna
2. The PrincipalSecretary Department of Social Welfare, Govt. of Bihar, Patna.
3. The District Magistrate, East Champaran.
4. The District Programme Officer, East Champaran, Motihari.
5. The Child Development Project Officer Kalyanpur, Block Kalyanpur,
District- East Champaran. null null
6. The Panchayat Secretary Shambhuchak Gram Panchayat, Block Kalyanpur,
District- East Champaran.
7. Babita Devi, Wife of Suresh Thakur, Aanganwari Sevika Aanganwari
Kendra Kunwarpur, Wad No.8, Gram Panchayat Shamb
... ... Respondent/s
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Appearance :
For the Petitioner/s : Ms. Shruti Sinha, Adv.
For the Respondent/s : Mr. Rajeshwar Singh, G.A.10
Mr. Jitendra Kumar, AC to GA-10
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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
Anganwari Worker is under a scheme introduced by Govt. of
Patna High Court CWJC No.11348 of 2015 dt.30-01-2023
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
decided expeditiously within a period of six months and the
Patna High Court CWJC No.11348 of 2015 dt.30-01-2023
question of limitation will not arise.
(Sanjeev Prakash Sharma, J)
amit/-
Item no.30
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