Suman Devi @ Suman Tiwari vs The State Of Bihar And Ors
2023 Latest Caselaw 496 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.15482 of 2015
     ======================================================

Suman Devi @ Suman Tiwari wife of Sri Ajay Kumar Mishra @ Ajay Mishra, resident of village- Mishrawaliya, P.O. Jalalpur, P.S. Jalalpur, Block- Jalalpur Panchayat- Madhopur, District- Saran at Chapra

... ... Petitioner/s Versus

1. The State Of Bihar and Ors

2. The Collector-cum-District Magistrate, Saran at Chapra

3. The District Programme Officer, Saran at Chapra

4. The C.D.P.O., Jalalpur, Block- Jalalpur, P.S.- Jalalpur, District- Saran at Chapra

5. The Director, I.C.D.S., Patna

6. Renu Devi w/o Harendra Kumar Mishra, resident of village- Mishrawalia, Post and P.S.- Jalalpur, Block- Jalalpur, District- Saran at Chapra

7. Shashi Kiran Devi, Wife of Devendra Mishra, resident of village-

Mishrawalia, P.O. and P.S.- Jalalpur, District- Saran at Chapra

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

For the Petitioner/s : Mr. Kamala Kant Tiwary, Adv. For the State : Mr. Gyan Prakash Ojha, GA 7 Mr. Abhishek Singh, AC to GA 7 Ms. Sushmita Ojha, Adv.

====================================================== 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

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 Patna High Court CWJC No.15482 of 2015 dt.30-01-2023

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.

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.15482 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) Sachin/-

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