Rani Mamta vs State Of Bihar Through The ...
2023 Latest Caselaw 5333 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8171 of 2016
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Rani Mamta W/o-Anil Kumar, resident of Village and Post Dobha, P.S.- Bakhtiyarpur, Dist- Patna.

... ... Petitioner/s Versus

1. State Of Bihar Through The Director I C D S Welfare Department Patna, Bihar.

2. The Dy. Director, Welfare Department, Patna, Bihar.

3. District Magistrate, Patna.

4. District Program Officer (Establishment), Patna.

5. The C.D.P.O. Khushrupur, Dist- Patna.

6. The Divisional Commissioner, Patna Division.

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

For the Petitioner/s : Mr.R.K.Sinha No.2, Advocate Mr.Gajendra Nath Ojha For the State : Ms.Namrata Singh, AC to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 13-10-2023

1. The present writ petition has been filed seeking the

following relief :-

"1(i) For the issuance of an appropriate writ/writs in the nature of writ of certiorari for setting aside the order dated 15.12.2015 passed by the Divisional Commissioner in misc appeal no 636-2014 whereby and whereunder he was pleased to reject the application Of the petitioner and has upheld the order dated 6.8.2014 passed by the District Magistrate Patna in case no.227/2014,

(ii) For the setting aside the order dated Patna High Court CWJC No.8171 of 2016 dt.13-10-2023

6.8.2014 passed by the District Program Officer, Patna in case no 227/2014 whereby the petitioner has been terminated from service from the post 'Anganwari Paryawekchhika.

(iii) For the issuance of writ of Mandamus directing and commanding the respondents authority to reinstate the petitioner in his service with all consequential benefits."

2. At this juncture, this Court would refer to a

judgment rendered by the learned Division Bench of this Court in

the case of Babita Kumari v. The State of Bihar and others,

reported in 2016 SCC Online Pat 9434, paragraphs no. 7 and 8

whereof are reproduced herein below:-

"7. Having considered the rival contentions, we do not find any merit in the present appeal. The charges against the appellant were very clear as would be apparent from the show cause dated 22.02.2012, which was issued in light of the findings in the enquiry report as well as the relevant documents/registers which were required to be maintained at the Centre. Reply given by the appellant, copy of which has been brought on record, does not indicate any justification and rather it has been stated that on 24.09.2011 at the time of Inspection, the children were still coming and on 07.10.2011, she herself had gone to call the children and during that Patna High Court CWJC No.8171 of 2016 dt.13-10-2023

time the inspection was held. It was further stated by the appellant that on 30.09.2011 she had become ill due to being drenched by rain. We find that such explanation is vague and evasive and does not inspire confidence. The spirit and object of running Anganbadi Centres cannot be overemphasized and the purpose is to ensure the welfare of children from the lowermost and deprived strata of society. Any lapse in execution of the said scheme has to be taken very seriously. Closure of even one day entails the beneficiaries going without their meals, which cannot be overlooked. Thus, we do not find any infirmity in the decision of the authorities cancelling her selection as well as the procedure adopted by them prior to passing such order.

8. For the reasons aforesaid, the Letters Patent Appeal, being devoid of merit, stands dismissed."

3. It would be apt to refer to yet another judgment

rendered by the learned Division Bench of this Court in the case

of Neetu Kumari v. The State of Bihar and others, reported in

2011 (4) PLJR 20, paragraphs no. 4 and 5 whereof are

reproduced herein below:-

"4. In our considered view, the post of Anganbari Sevika is not a post having security of tenure or protection under Article 311 of Patna High Court CWJC No.8171 of 2016 dt.13-10-2023

Constitution of India. Considering the very nature of engagement which provides of honorarium, we are of the view that in case the appellant still feels aggrieved, she may approach the Civil Court for damages. There is nothing at stake in such a scheme other than honorarium. For such contractual engagements the relief of reinstatement is not appropriate and even if there is breach of the scheme or any other principle of law, the claim should ordinarily be permitted, if found good on merits, only for damages.

5. The appeal is dismissed."

4. Considering the law laid down by the learned

Division Bench of this Court, as aforesaid, the learned counsel

for the petitioner seeks not to press the present writ petition,

however, seeks liberty on behalf of the petitioner to avail such

other alternative remedies as are otherwise available under the

law. Liberty, so sought, is granted.

5. The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) Saurav/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.10.2023
Transmission Date       NA