Dismissed

Kumari Rupa v. The State Of Bihar and Ors.

Patna HC11 Apr 2014CWJC/4968/2014

Case brief

AI extract

What is this about?

Petitioner, an Anganbari Sevika, challenged an order directing a shift of her centre to a government-built facility in a different Ward. The Court held that such shifting is a pure administrative decision and refused to interfere. The writ application was dismissed.

What did the court decide?

Writ application dismissed; petitioner advised to pursue remedy by filing representation.

Kumari Rupa Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4968 of 2014

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====================================================== Kumari Rupa W/O Rajesh Kumar Das Resident Of Village - Langadi, P.S. - Lauria, District - West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar through the Principal Secretary, Social Welfare Department, Govt. Of Bihar, Patna 2. The Principal Secretary, Social Welfare Department, Govt. Of Bihar, Patna 3. The Director, I.C.D.S. (Integrated Child Development Scheme), Bihar, Patna 4. The Divisional Commissioner, Tirhut Division, Muzaffarpur 5. The Collector-Cum-District Magistrate, West Champaran, Bettiah 6. The District Programme Officer, West Champaran, Bettiah 7. The Child Development Project Officer, Lauria, District - West Champaran 8. The Mukhiya, Gram Panchayat Raj Langadi-Kaitaiya (Presently Known as Gram Panchayat Raj Kaitaiya), Block Lauria, District - West Champaran .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. SC-1 M.K. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 11-04-2014 Considering the grievance raised in this application and the submissions made in support thereof the writ application is being disposed of at this stage. Heard learned counsel for the petitioner and AC to SC-1 for the State. Petitioner claims to have been appointed on stipend basis as Anganbari Sevika for langadi- Paschim centre. The said centre was running in a rented house. The State Government constructed building for running two Anganbari

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Patna High Court CWJC No.4968 of 2014 (2) dt.11-04-2014

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centres. One of them is located in Ward No. 10 of the Langadi Kaitaiya Gram Panchayat whereas another in Ward No. 12. By the impugned order (Annexure-3), the respondent- Child Development Project Officer directed the petitioner to shift the Anganbari centre and operate from the newly constructed centre in Ward No. 12.

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Contention of the petitioner is that the petitioner caters to the children i.e. the beneficiaries which are largely from Ward No. 10. There is a guidelines issued in this regard (Annexure-2) that centres should be located in each Ward for the beneficiaries of that Ward. It has also been submitted that the representation in this regard has been filed before the respondent District Programme Officer (Annexure-8) which has remained undisposed of.

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An Anganbari centre should be located at which place is purely the administrative decision of the Government. The Government have already constructed building to run the centres. They may be justified in directing shifting of the centre from the rented premises to the Government premises. In discharge of such administrative function, it is difficult for this Court to interfere and pass an order.

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Seen thus, this Court is not inclined to invoke its

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Patna High Court CWJC No.4968 of 2014 (2) dt.11-04-2014

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extraordinary and discretionary writ jurisdiction to grant the relief prayed for in the application.

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The application is dismissed.

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Dismissal of this application shall, however, not preclude the petitioner from pursuing her remedy of filing representation thereagainst and the respondents from considering the said representation in accordance with law.

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(Kishore Kumar Mandal, J)

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Shyam/-

Kumari Rupa v. The State Of Bihar and Ors.

Case brief

What is this about?

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Kumari Rupa v. The State Of Bihar and Ors.

Case brief

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