Allowed

Asha Devi v. Chief Secretary, State Of Bihar and Ors.

Patna HC8 Dec 2023CWJC/9899/2016

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What is this about?

The Court disposed of a writ petition challenging the termination of the petitioner as an Anganwari Sevika. The petitioner was granted liberty to file a civil suit for damages in the appropriate forum, relying on a Division Bench judgment that such posts lack Article 311 protection.

What did the court decide?

Writ petition disposed of with liberty to the petitioner to move before the appropriate forum for a declaration and damages.

Asha Devi Vs Chief Secretary, State Of Bihar… — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9899 of 2016

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Asha Devi Wife of Girish Kumar Paswan Resident of Vill- Kariho, Ward No. 6 Police Station and District Supaul.

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... ... Petitioner/s

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Versus

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Chief Secretary, State Of Bihar

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Principal Secretary , Social Welfare Department Govt. of Bihar.

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Secretary, Integrated Child Development Schemes , Govt. of Bihar.

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The Commissioner, Kosi Division, Saharsa

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The District Magistrate, Supaul.

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The Collector, Supaul.

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The District Programme Officer, Supaul.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Sanjeev Verma, Advocate For the State-Respondent : Mr.S.D.Yadav, AAG-9 : Mr. Braj Bhushan Mishra, A.C. to AAG-9

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 08-12-2023

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Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

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Learned counsel for the petitioner outrightly submits that this writ petition may be disposed of with liberty to the petitioner to move before the appropriate forum in accordance with the law as this case is not maintainable in view of the paragraph no. 4 of the judgment of Division Bench of this Court rendered in the case of Neetu Kumari Vs. State of Bihar and Others reported in 2011 (4) PLJR 20 which reads as follows:-

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Patna High Court CWJC No.9899 of 2016(3) dt.08-12-2023 2/2

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“ 4. In our considered view, the post of Anganbari Sevika is not a post having security of tenure or protection under Article 311 of Constitution of India. Considering the very nature of engagement which provides for honorarium, we are not of the view that in case the appellant still feels aggrieved, she may approach the Civil Court for damages. There is nothing at stake in such a scheme other than honorarium. For such contractual engagements the relief of reinstatement is not appropriate and even if there is breach of the scheme or any other principle of law, the claim should ordinarily be permitted, if found good on merits, only for damages.”

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Accordingly, this writ petition is disposed of with

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the liberty to the petitioner to move before the appropriate forum in accordance with the law.

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(Rajesh Kumar Verma, J)

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Nitesh/-

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Asha Devi v. Chief Secretary, State Of Bihar and Ors.

Case brief

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Asha Devi v. Chief Secretary, State Of Bihar and Ors.

Case brief

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