The Patna High Court dismissed a writ petition contesting the rejection of a request to enhance the age limit for hiring Anganwari Supervisors. The court held that hiring is contractual, petitioners are not government servants, and the court cannot interfere with hiring policy改变的 absence of changed circumstances. Returns: dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8319 of 2014
=========================================================== 1. Manju Kumari W/o Brahmdeo Kumar Sharma Resident of Village + P.O. Budhchaka, District- Bhagalpur 2. Rekha Kumari W/o Sunil Yadav Resident of Village- Subba Nagar, P.O. Budhchaka, District- Bhagalpur
.... .... Petitioner/s Versus 1. The State of Bihar
.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Rajeev Kumar Singh For the Respondent/s : Mr. GP25- Ramadhar Singh
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT
Date: 19-11-2016
Heard learned counsel for the parties.
In terms of the order, dated 09.11.2011, passed in a writ application, namely, C. W. J. C. No. 15598 of 2011, contained in Annexure-12, the respondent authorities have considered the case for enhancement of age for hiring on the post of Supervisor in Anganwari and rejected such consideration. The said decision,
Patna High Court CWJC No.8319 of 2014 dt.19-11-2016
2/2
contained in Annexure-1, dated 06.11.2013 has become the subject matter of challenge through this writ application.
The Court has no option, but to reject the writ application afresh, because nothing has changed since the reason in the previous writ application on behalf of some of the petitioners therein.
Hiring as an Anganwari Sevika or a Supervisor is on contract. The contract is between two parties and what the hiring authority is looking for, is spelt out in the contract. Since these petitioners are not government servants by any interpretation, therefore, the Court again expresses its opinion that any tinkering with the terms of the hiring, cannot be ordered by a Court of Law, whatever window of opening, which was available, had been given to some of these petitioners earlier to prevail upon the State authorities to lay down a policy. If they decided not to change the same, the Writ Court will not exercise its discretion. No interference is warranted in the facts and law applicable to the case.
In view of the aforesaid facts and circumstances, writ application is dismissed.
(Ajay Kumar Tripathi, J)
| SKM/- | |
|---|---|
| AFR/NAFR | NAFR |
| CAVDATE | |
| UploadingDate | 21.11.2016 |
| Transmission Date |
2 issues framed by the court
Whether the Writ Court can order enhancement of age for hiring Anganwari Supervisors under the existing policy.
Whether hiring Anganwari Sevika and Supervisor is on contract basis making the petitioners non-government servants.
Manju Kumari W/o Brahmdeo Kumar Sharma
Rekha Kumari W/o Sunil Yadav
Kumari Anita W/o Krishna Prasad Yadav
Sarita Kumari W/o Akshay Kumar Sinha
The State of Bihar
The Secretary, Social Welfare Department
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
