Dismissed¶19

Neha Kumari v. The State of Bihar

Patna HC27 Aug 2024L.P.A/136/2022

Case brief

AI extract

What is this about?

Patna High Court, Letters Patent Appeal No.136 of 2022, Neha Kumari v. The State of Bihar & others, decided 27-08-2024 (oral judgment per the Chief Justice, K. Vinod Chandran, with Partha Sarthy, J). Eligibility for Anganwari Sevika assessed as on date of application 30.08.2017; mother-in-law in service on that date; resignation of 26.09.2017 accepted 04.10.2017 could not override the restriction; Aam Sabha held later; appeal dismissed, interlocutory applications closed. Keywords: Anganwari Sevika, eligibility, date of application, mother-in-law in service, subsequent resignation, Aam Sabha, Purnia.

What did the court decide?

Endorsing the learned Single Judge, the Court held that as on the date of submission of the application (30.08.2017) there was a restriction insofar as the appellant's mother-in-law was employed. ¶16

Neha Kumari Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.136 of 2022

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Neha Kumari Wife of Mantu Kumar Resident of Ward No 1 Gram-Goriyar, P.S. Goriar District Purnia

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... ... Appellant/s

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Versus

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The State of Bihar through the District Magistrate, Purnia, Bihar

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The District Magistrate, Purnia, Bihar

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The District Programme Officer, Purnia, Bihar

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The Child Development Project Officer, Rupoli, Purnia

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Smt. Sangita Kumari Wife of Avinash Kumar Mahato Resident of Panchayat-Goriyar Ward no.1, P.S. Tikapati, District Purnia.

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... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sanjeev Kumar Mishra, Advocate Ms. Manini Jaiswal, Advocate For the Respondent/s : Mr.Gyan Prakash Ojha, GA 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 27-08-2024

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The issue raised in the appeal boils down to whether the appellant was eligible for the post of Anganwari Sevika as on the date of application i.e. 30.08.2017. Admittedly, at that point of time, the appellant's mother-in-law was in service. She resigned on 26.09.2017, which was accepted on 04.10.2017. The Aam Sabha was held later, is the submission of the learned Counsel for the appellant.

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