High Court Patna High Court - Orders

Babi Parwin vs The State Of Bihar &Amp; Ors on 23 November, 2010

Patna High Court – Orders
Babi Parwin vs The State Of Bihar &Amp; Ors on 23 November, 2010
                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CWJC No.10381 of 2010
      1. BABI PARWIN, W/O AZAZ AHMAD, R/O VILLAGE KHAIRA, PANCHAYAT KHAIRA
      SARAN WARD NO. 12 & 13, BLOCK NAGRA DISTRICT- SARAN.
                                           Versus
      1. THE STATE OF BIHAR.
      2. COMMISSIONER CUM SECRETARY, SOCIAL WELFARE DEPARTMENT,GOVT. OF
      BIHAR, PATNA.
      3. DIRECTOR, I. C. D. S. , DIRECTORATE, PATNA. .
      4. DISTRICT MAGISTRATE CUM COLLECTOR,CHAPRA,SARAN.
      5. DISTRICT WELFARE OFFICER, CHAPRA, SARAN.
      6. BLOCK DEVELOPMENT OFFICER, DISTRICT- CHAPRA,SARAN.
      7. CHILD DEVELOPMENT PROJECT OFFICER,CHAPRA,SARAN.
                                        -----------

2. 23.11.2010 Heard learned Counsel for the petitioner and the learned

Counsel for the State.

The claim is for consideration for appointment as an

Anganwari Sevika in pursuance of an order of the District

Programme Officer dated 1.10.2007 unseating the earlier

selected candidate.

Counsel for the State submits that the petitioner has

adequate remedies before the District Magistrate.

Only if, the petitioner files an application before the

District Magistrate within a period of 30 days from today, let the

same be decided after considering all aspects and hearing the

candidate removed by order dated 1.10.2007 to ascertain if the

order had attained finality or that she had questioned the same.

While hearing the petitioner, any interim developments by way of

fresh appointment having been made in the meantime not

brought to the attention of the Court shall be adequate ground

for the District Magistrate to reject any claim of the petitioner on

grounds of delay and that the claim had become stale.

Let any such application of the petitioner be considered

and disposed in the aforesaid manner by a reasoned and

speaking order preferably within a maximum period of three
months from the date of receipt and/or presentation of a copy of

this order.

The writ application stands disposed.

Snkumar/-                                          (Navin Sinha,J.)