Manju Dev vs The State Of Bihar And Ors
2023 Latest Caselaw 473 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.21911 of 2014
     ======================================================

Manju Dev wife of Nand Kumar Yadav, R/o village Shahpur, Tola Bhelahi, Ward No.6, Grampanchayat Raj-Shahpur Anchal-Sattar Kataiya, P.S & District-saharsa.

... ... Petitioner/s Versus

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

2. The Commissioner, Kosi Division, Saharsa

3. The District Magistrate, Saharsa

4. The Regional Development Officer, Koshi Division, Saharsa

5. The Deputy Director (welfare), Koshi Division, Saharsa

6. Kala Devi wife of Sudhir Kumar, Resident of village-Shahpur; Tola Bhelahi, Ward No.6; Grampanchayat Raj-Shahpur Anchal-Sattar Kataiya, P.S & District-saharsa

7. The District Programme Officer; I.C.D.S. Office, Saharsa P.S.& District-

Saharsa

8. The C.D.P.O. Sattar Kataiya Block-Sattar Kataiya, P.S. Bihra, Dist.-Saharsa

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

For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the Respondent/s : Mr. Uday Bhan Singh, AC to GP-19 ====================================================== 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 Patna High Court CWJC No.21911 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.

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 Patna High Court CWJC No.21911 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) amit/-

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