The High Court in this writ petition regarding the appointment of an Anganwari Worker held that such posts are not state services under statutory guidelines. Consequently, the petition was deemed not maintainable against the Collector or Commissioner's orders.
Writ petition dismissed as not maintainable.
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.24449 of 2013
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Sushila Devi Daughter Of Shri Madan Ram, Wife Of Shri Amarjeet Ram Resident Of Village- Terkhemraj, P.O. Rajapur, Police Station- Kateya, District- Gopalganj
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : Mr. Sanjay Pandey Gp21 For the State : Mr. Uday Prasad, AC to GP-22 ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
appointment of Anganwari Worker
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
Patna High Court CWJC No.24449 of 2013(2) dt.25-01-2023 2/2
procedure has been laid down.
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.
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.
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.
In view thereof, the writ petition would not be maintainable even against the orders of the Collector or the Commissioner.
Accordingly, this writ petition is dismissed with the aforesaid liberty.
(Sanjeev Prakash Sharma, J)
Brajesh Kumar/Item no.93 U
2 issues framed by the court
Whether a writ petition filed by an Anganwari Worker regarding her appointment is maintainable.
Whether the posts of Anganwari Workers fall within the purview of state services subject to judicial review.
Colour shows how this judgement treated each authority
Reena Kumari Vs. State of Bihar & Ors.Referred¶22
Reena Kumari Vs. State of Bihar & Ors., CWJC No. 21963 of 2014
Sushila Devi
Kanti Kumari
State Of Bihar through the Secretary, Social Welfare Department, Government Of Bihar
The Director, I.C.D.S., Social Welfare Department, Govt. Of Bihar, Patna
The Divisional Commissioner, Saran Division At Chapra
The District Magistrate, Gopalganj
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
