High Court Patna High Court - Orders

Devawanti Devi vs The State Of Bihar &Amp; Ors on 29 June, 2010

Patna High Court – Orders
Devawanti Devi vs The State Of Bihar &Amp; Ors on 29 June, 2010
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CWJC No.1896 of 2009
             DEVAWANTI DEVI, Wife of Ayodheya Ram, resident of village-Gogahra,
             P.O.-Gauri, P.S.-Karagahar, District-Rohtas.
                                                                .........Petitioner.
                                      Versus
            1. The State of Bihar.
            2. The Director, the Integrated Child Development Scheme, Bihar, Patna.
            3. The District Magistrate, Rohtas.
            4. The District Programme Officer, Rohtas.
            5. The Child Development Project Officer, Karagahar, Rohtas.
            6. The Mukhiya, Arasaya Gram Panchayat, Karagahar, Rohtas.
                                                                ..........Respondents.
                                     -----------

3/ 29.06.2010 I.A. No. 2353 of 2010 with C.W.J.C. No. 1896 of

2009.

The writ application has been filed by the petitioner for

quashing the order dated 10.12.2008 contained in Memo No.

897 passed by the District Programme Officer, Rohtas, whereby

selection/appointment of petitioner on the post of Anganbari

Sewika for Gogahara Anganbari Centre has been cancelled

and a direction has been issued to start the selection process of

Anganbari Sewika afresh.

Counsel for the petitioner submits that the impugned

order has been by the District Programme Officer, Rohtas, who

is not vested with such powers under the guidelines relating to

selection of Anganbari Sewika. This issue has already been

decided by the Division Bench in a decision report in 2010 (2)

PLJR 374 (Prabha Kumari Devi Vs. The State of Bihar and

Ors.).

Considering these facts, the impugned order dated

10.12.2008 contained in Memo No. 897 as well as the
-2-

subsequent order issued by Child Development Project Officer,

Karagahar, Rohtas, vide Letter No. 41 dated 18.02.2010, are

quashed.

The District Programme Officer, Rohtas, may submit

his report this matter, as provided under Clause 8 of the

guidelines. In the light of the decision report in 2010(2) PLJR

374(Prabha Kumari Devi Vs. The State of Bihar and Ors.), on

submission of such report by the District Programme Officer,

the District Magistrate, Rohtas, will pass necessary order in

accordance with Clause 8(iii) of the guidelines, after issuing

notice to all concerned and by passing a speaking order within

one month of the submission of the report.

This writ application as well as interlocutory application

is allowed.

Sanjeet/                                          (Mridula Mishra, J.)