VIMAL KUMARI, WIFE OF RAMESH PRASAD, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Heard Mr. Y.V. Giri, learned senior counsel appearing for the petitioner, Mr. Apurva Kumar, A.C. to G.A.-4, for the State and Mr. Ganpati Trivedi, learned senior counsel appearing for the private respondent.

(2.) The petitioner is aggrieved by the order dated 20.3.2013 passed by the Collector, Muzaffarpur in Case No.83(Misc)/2012-13, whereby the appointment of the petitioner to the post of Anganwari Sevika, Kendra No.43/9, Block/Anchal-Muraul, Gram Panchayat-Mirapur in the district of Muzaffarpur has been cancelled on grounds that her father was a Government Teacher at the time of her appointment as an Anganwari Sevika in the year 2008 and thus in view of the stipulations present at Clause 3 of the guidelines issued by the Department of Welfare dated 3.10.2006 she stood disqualified for such appointment. A copy of the order passed by the Collector, Muzaffarpur is impugned at Annexure-6 and has been affirmed in appeal by the Commissioner, Tirhut Division, Muzaffarpur when the appeal filed by the writ petitioner bearing Service Appeal Case No.246 of 2013 has been dismissed vide order dated 30.10.2013 impugned at Annexure-8.

(3.) Facts of the case briefly stated is that for the appointment to the post of Anganwari Sevika at Anganwari Kendra No.43/09, Gram Panchayat Raj-Mirapur, Block/Anchal-Muraul, District-Muzaffarpur, a merit list was prepared and is present at Annexure-1 in which the name of the petitioner appears at serial no.1 and that of the respondent no.9 appears at serial no.2. For reasons not known, the respondent no.9 was appointed in preference to the petitioner and which was questioned by her before the District Programme Officer, Muzaffarpur who vide order bearing Memo No.14 dated 9.1.2008 present at Annexure-3 quashed the appointment of the respondent no.9 and directed for fresh appointment and in consequence whereof the writ petitioner was appointed. The appointment letter of the petitioner is present at Annexure-4 and is dated 14.7.2008.