High Court Patna High Court - Orders

Indu Devi vs The State Of Bihar &Amp; Ors on 25 April, 2011

Patna High Court – Orders
Indu Devi vs The State Of Bihar &Amp; Ors on 25 April, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CWJC No.7063 of 2011
                   INDU DEVI, Wife of Sri Upendra Paswan
                   Resident of village Alawalpur, P.S. Sarai, District - Vaishali
                                                                    ...... Petitioner
                                                 Versus
                  1. THE STATE OF BIHAR
                  2. The Director, Social Welfare Department, Govt. of Bihar,
                     I.C.D.S. Directorate, Indira Bhawan, Patna
                  3. The Divisional Commissioner, Tirhut Division,
                     Muzaffarpur
                  4. The District Magistrate, Vaishali at Hajipur
                  5. The Child Development Project Officer, Bhawanpur,
                     District Vaishali
                                                               ....... Respondents
                                              -----------

For the Petitioner : Mr.Dudh Nath Singh, Advocate
For the State : Mr. Manoj Kumar Ambastha, G.P. 14
` Mr. Subodh Kumar, A.C. to G.P. 14

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2 25.04.2011 Heard learned counsel for the petitioner and the

State.

Petitioner seeks quashing of the order issued

vide memo no. MU-16 dated 27.12.2007 passed by the

Director, Social Welfare Department, Govt. of Bihar,

as contained in Annexure 3, whereby she has been

removed from the post of Aganwari Sewika.

However, it has been fairly submitted by the

learned counsel for the petitioner that she has earlier

moved this Court with same relief in C.W.J.C. No.

15739 of 2008 and sought permission to withdraw
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the writ application as she proposed to pursue her

representation before the authority. The writ

application was disposed of with a direction to decide

the proposed representation of the petitioner

expeditiously. Thereafter, petitioner claims to have

filed representation before the Director, Social Welfare

Department, which was duly received on 30.11.2009, a

copy of which is appended as Annexure 5 to this writ

application. However, it is urged the same is yet to

be disposed of despite the earlier direction of this

Court to consider the same expeditiously.

It is also submitted that the representations of

other similarly situated persons, who were also

removed by the order as contained in Annexure 3,

have already been considered.

In above view of the matter, let the petitioner

file a fresh representation before the respondent no. 2

within four weeks. If such representation is filed

within four weeks along with a copy of the order, let

the respondent no. 2 consider and dispose of the same

on its own merit and in accordance with law within two

months thereafter and a copy of such decision having
3

been taken be communicated to the petitioner.

This disposes of the writ petition.

Spd/-                                ( Dr. Ravi Ranjan, J.)