The High Court held the post of Anganwari Sevika is contractual with no Article 311 protection as it falls under a government scheme with honorarium. Consequently, the writ petition challenging termination was 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.6770 of 2017
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Gauri Kumari Daughter of Birendra Prasad Bhagat, resident of VillageMurliganj Police Station Murliganj Block Murliganj, District- Madhepura.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shivnandan Sah, Advocate For the Respondent/s : Mr.Gyan Prakash Ojha-GA-7 Mr.Abhishek Singh, AC to GA-7
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 10-02-2023 In the writ application, the petitioner has prayed for
following reliefs:-
“1. For setting aside order dated 22.05.2014 passed by Commissioner, Koshi Division, Saharsa in Anganwari Appeal No. 222 of 2014 whereby and whereunder order dated 18.09.2014 passed by Deputy Director, Koshi Division, Saharsa in Anganwari Appeal No. 96 of
Patna High Court CWJC No.6770 of 2017(3) dt.10-02-2023 2/3
2012 whereby and whereunder order dated 13.12.2013 passed by District Magistrate, Madhepura in Anganwari Memo No. 128 whereby and whereunder order dated 10.02.2012 passed by District Magistrate, Madhepura is confirmed by which termination of the petitioner on the post Anganwari Sevika for Durga sthan Anganwari Centre no. 14 under District Madhepura has been cancelled with considering the facts and circumstances of the case about five years of her regular service on the said post.
Heard learned counsel for the parties.
The post of Anganbari Sevika / Sahayika is not a post having security of tenure or protection under Article 311 of the Constitution of India. It does not fall within the purview of the State or subordinate services and is a post under a scheme regulated by guidelines of the State Government, which are not enforceable in law. The very nature of engagement provides for honorarium. It is purely a contractual engagement.
Patna High Court CWJC No.6770 of 2017(3) dt.10-02-2023 3/3
In view thereof, the writ petition would not lie with regard to the selection process of Anganwari worker and is, accordingly, dismissed.
However, while dismissing the writ petition, it is observed that if the petitioner still feels aggrieved, she may approach the competent authority.
(Prabhat Kumar Singh, J)
anay/-
U
2 issues framed by the court
Whether a writ petition lies against the selection process and termination of an Anganwari Sevika engaged under a contractual scheme regulated by State Government guidelines.
Whether the post of Anganwari Sevika attracts the protection of Article 311 of the Constitution of India.
Gauri Kumari
The State Of Bihar
The Director, Social Welfare I.C.D.S. Directorate Government of Bihar, Patna
The Commissioner, Koshi Division Saharsa
The Deputy Director Koshi Division Saharsa
The District Magistrate Madhepura
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
