Babita Devi vs The State Of Bihar And Ors
2023 Latest Caselaw 493 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.15782 of 2015
     ======================================================

Babita Devi wife of Birendra Yadav, resident of village- Lakshmipur, Ward No. 10, Post- Murli Chandwa, Gram Panchayat Raj- Lakshmipur, P.S.- Uda Kisuanganj, District- Madhepura

... ... Petitioner/s Versus

1. The State Of Bihar and Ors

2. The Secretary, Department of Social Welfare, Govt. of Bihar, Patna

3. The Director, Directorate of Integrated Child Development Services, Department of Social Welfare, G

4. The Deputy Director Welfare, Koshi Division, Saharsa.

5. The Collector-cum-District Magistrate, District- Madhepura

6. The District Programme Officer, Madhepura, District- Madhepura

7. Block Development Officer, Block and P.S.- Uda Kishanganj, District-

Madhepura

8. The Child Development Project Officer, Block and P.S.- Uda Kishanganj, District- Madhepura

9. The Mukhiya, Gram Panchayat Raj, Lakshmipur, Block and P.S.- Uda Kishanganj, District- Madhepura

10. Nilam Devi wife of Sri Mukesh Yadav, resident of village- Lakshmipur, Ward No. 8, Post- Murli Chandwa, Gram Panchayat Raj- Lakshmipur, P.S.- Uda Kisuanganj, District- Madhepura

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

For the Petitioner/s : Mr. Nityanand Mishra, Adv. For the State : Mr. Sitaram Yadav, GP 16 Mr. Yatindra Narayan, AC to GP 16 ====================================================== 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 Anganwadi Worker.

2. In CWJC No. 21963 of 2014 decided on Patna High Court CWJC No.15782 of 2015 dt.30-01-2023

12.12.2022 (Reena Kumari Vs. State of Bihar & Ors.,) this

Court has held that the post of Anganwadi Worker does not fall

within the purview of State or Subordinate Services. The post of

Anganwadi 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 Anganwadi 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

Anganwadi 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.

Patna High Court CWJC No.15782 of 2015 dt.30-01-2023

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

question of limitation will not arise.

(Sanjeev Prakash Sharma, J) Sachin/-

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