Disposed¶28

Smt. Basanti Devi v. The State of Bihar

Patna HC4 Sept 2024CWJC/12666/2019

Case brief

AI extract

What is this about?

Anganwari Sevika Sahayika appointment dispute; writ disposed with liberty to appeal under Margdarshika; impugned order Memo No.2342 dated 29.12.2018 by DPO Bhojpur, Ara (Annexure-5); Minu Devi appointment challenged by Basanti Devi; appellate authority to condone delay and decide within 90 days; ICDS Social Welfare Department Bihar; Koilwar Bhojpur; Patna High Court CWJC 12666/2019; Dr. Anshuman, J.; 04-09-2024.

What did the court decide?

Liberty to the petitioner to challenge the DPO's order (Annexure-5) before the original forum under the relevant Margdarshika within 30 days; appellate authority directed to entertain the appeal filed within 30 days, condone any delay, and consider the appeal within 90 days from the date of appearance of all concerned. ¶28

Smt. Basanti Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's grievance regarding the appointment of Minu Devi should be entertained in this writ petition, given the State's preliminary objection that the DPO's order is challengeable in appeal under the relevant Margdarshika for appointment of Anganwari Sevika or Sahayika.

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Court's answer

The writ application stands disposed of, granting liberty to the petitioner to challenge the order passed by the DPO, Bhojpur, Ara (Annexure-5) before the original forum under the relevant Margdarshika for appointment of Anganwari Sevika or Sahayika within 30 days.

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Ratio / Principle

The appellate authority is directed to entertain the appeal if filed by the petitioner within 30 days, and to condone any delay in filing the appeal.

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Key takeaways

The appellate authority is directed to consider the appeal filed by the petitioner within 90 days from the date of appearance of all concerned in the appeal.ratio¶27

Detailed headnote1 paragraphs

CWJC No.12666 of 2019 (Basanti Devi v. State of Bihar), High Court of Judicature at Patna, Dr. Anshuman, J., disposed on 04-09-2024 without deciding merits. The petitioner, aggrieved by the appointment of one Minu Devi vide Memo No.2342 dated 29.12.2018 passed by the DPO, Bhojpur, Ara (Annexure-5), was told, accepting the State's preliminary objection, that the order is challengeable in appeal under the relevant Margdarshika for appointment of Anganwari Sevika or Sahayika. Liberty was granted to lodge the appeal before the original forum within 30 days; the appellate authority was directed to entertain such appeal, condone any delay in filing, and consider it within 90 days from the date of appearance of all concerned.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12666 of 2019

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Smt. Basanti Devi W/o Sri Ranesh Kumar Vill.- Sundarpur, P.s.- Koilwar, Distt.- Bhojpur

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... ... Petitioner/s

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Versus

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The State of Bihar represented through its Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna

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The Deputy Secretary Social Welfare Department, Govt. of Bihar, Patna

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The District Magistrate Bhojpur, Ara

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The Deputy Development Commissioner (D.D.C.) Bhojpur, Ara

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The Director I.C.D.S., Govt. of Bihar

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The District Programme Officer I.C.D.S., Distt.- Bhojpur, Ara

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The Sub Divisional Officer Sadar, Bhojpur, Ara

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The Child Development Project Officer (C.D.P.O.) Koilwar

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The Woman Supervisor (Rural Area) Aanganwari Centre No. 12, Ward No. 9, Koilwar, Distt.- Bhojpur, Ara

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Chandra Bhushan Singh, Adv. For the Respondent/s : Mr.Md. Raisul Haque ( SC10 ) ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 04-09-2024

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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Counsel for the petitioner submits that the petitioner is aggrieved from the appointment of one Minu Devi, who has been appointed vide order contained in Memo No.2342 dated 29.12.2018 passed by the DPO, Bhojpur, Ara.

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Counsel for the State raised preliminary objection and submits that the order passed by the DPO is challengeable in appeal according to relevant Margdarshika for the

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Patna High Court CWJC No.12666 of 2019(3) dt.04-09-2024 2/2

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appointment of Anganwari Sevika or Sahayika.

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In this view of the matter, the present writ application stands disposed off, granting liberty to the petitioner to challenge the order passed by the DPO, Bhojpur, Ara (Annexure-5) before the original forum under the relevant Margdarshika for the appointment of Anganwari Sevika or Sahayika within 30 days from today and the appellate authority is directed to entertain the appeal, if filed, within 30 days by the petitioner and also directed to condone the delay, if any, in filing the appeal.

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It is directed to the appellate authority to consider the appeal filed by the petitioner within 90 days from the date of appearance of all concerned in the appeal.

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With the aforesaid direction, the present writ application is hereby disposed off.

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(Dr. Anshuman, J.)

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Prakashmani/-

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Smt. Basanti Devi v. The State of Bihar

Case brief

What is this about?

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Smt. Basanti Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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