Laxmi Kumari vs The State Of Bihar And Ors
2023 Latest Caselaw 464 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.11180 of 2015
     ======================================================

Laxmi Kumari W/o Ashok Kumar, Resident of Village - Bela, P.O. - Bhutahi, P.S. and Block - Sonbarsa, District - Sitamarhi.

... ... Petitioner/s Versus

1. The State Of Bihar

2. The Director, Integrated Child Development Scheme, Bihar, Patna.

3. The District Magistrate, Sitamarhi, District - Sitamarhi.

4. The Child Development Project Scheme, Sonbarsa, Block - Sonbara, District

- Sitamarhi.

5. The Mukhiya, Gram Panchayat Raj, Ghurhura, Block - Sonbarsa, District -

Sitamarhi.

6. Mrs. Gayatri Devi, W/o Jitendra Mahto, Resident of Village - Bela, P.O. -

Bhutahi, P.S. and Block - Sonbarsa, District - Sitamarhi.

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey, Adv. For the Respondent/s : Mr. S.S. Prasad- SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT

Date : 30-01-2023

In this writ petition grievance raised is relating to

appointment of Anganwari Worker.

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.11180 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.

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.

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.

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.

Accordingly, this writ petition is dismissed with the

aforesaid liberty.

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.11180 of 2015 dt.30-01-2023

question of limitation will not arise.

(Sanjeev Prakash Sharma, J) amit/-

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