Dismissed

Seema Kumari @ Seema Devi v. The State Of Bihar and Ors.

Patna HC25 Jan 2023CWJC/20993/2013

Case brief

AI extract

What is this about?

The Court held that a writ petition concerning the non-appointment or grievances of an Anganwari Worker is not maintainable. The post is non-statutory, under a temporal scheme, and regulated by non-statutory guidelines. Grievances lie with the Collector or Commissioner, whose orders are not reviewable.

What did the court decide?

Writ petition dismissed as not maintainable with liberty to pursue available remedies before the Collector or Commissioner.

Seema Kumari @ Seema Devi Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20993 of 2013

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Seema Kumari @ Seema Devi Wife Of Late Sopendra Yadav Resident Of Village Dighoy, P.O. Daulatpur, P.S. Jamui, Dist. Jamui

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... ... Petitioner/s

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Versus

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The State Of Bihar through District Magistrate, Jamui

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Principal Secretary, Social Welfare Department, Government Of Bihar, Patna

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Director, Icds, State Of Bihar, Patna

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District Magistrate, Jamui

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District Program Officer, Jamui

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Cdpo, Jamui Block, Jamui

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Rani Kumari Wife Of Sanoj Kumar Verma Resident Of Village Dighoy, P.O. Daulatpur, P.S. Jamui, Dist. Jamui

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate For the Respondent/s : Mr. Raju Giri Gp30 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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ORAL ORDER

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2 25-01-2023 In this writ petition grievance raised is relating to appointment of Anganwari Worker

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In CWJC No. 21963 of 2014 decided on 12.12.2022 (Reena Kumari Vs. State of Bihar & Ors.,) this Court has held that the post of Anganwari Worker does not fall within the purview of State or Subordinate Services. The post of Anganwari Worker is under a scheme introduced by Govt. of India and respective State Govts. and regulated by guidelines which are non-statutory and therefore not enforceable in law. The appointment is on honorarium basis and no statutory procedure has been laid down.

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Patna High Court CWJC No.20993 of 2013(2) dt.25-01-2023 2/2

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Of course, under the guidelines, grievance against appointment of Anganwari Worker can be raised before the Collector of concerned district with a revision to the Commissioner.

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Even the orders passed by the Collector or the Commissioner would not be a subject matter of judicial review as the power being exercised by them relating to a dispute of Anganwari Worker is under guidelines and they do not act as a statutory authority while deciding such dispute.

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Leaving it open to the respective writ petition to awake any of the aforesaid remedies, if they have not so availed, the writ petition is held to be not maintainable.

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In view thereof, the writ petition would not be maintainable even against the orders of the Collector or the Commissioner.

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Accordingly, this writ petition is dismissed with the aforesaid liberty.

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(Sanjeev Prakash Sharma, J)

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Brajesh Kumar/Item no.48 U

Seema Kumari @ Seema Devi v. The State Of Bihar and Ors.

Case brief

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Seema Kumari @ Seema Devi v. The State Of Bihar and Ors.

Case brief

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