IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17081 of 2009 1. SUNITA SINHA W/O SRI SANJAY KUAMR SRIVASTAVA R/O VILL- AT SHEETAL TOLA, SOUTHERN ROAD OF VATERNARY HOSPITAL, ARRAH, P.O- ARRAH, P.S- ARRAH (t), DISTT- BHOJPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT PROGRAMME OFFIER, ARA BHOJPUR, 4. THE CHILD DEVELOPMENT PROGRAMME OFFICER, ARA, SADAR, BHOJPUR 5. THE ADDITIONAL COLLECTOR, BHOJPUR, ARA 6. THE DIVISIONAL COMMISSIONER, PATNA DIVISION, PATNA ----------- 2. 2.2.2010 Heard learned counsel for the petitioner and the State. The issue is with regard to the appointment of the petitioner as an Aganwari Sewika on 5.6.2007 and whether her husband who was a Panchayat Teacher can be stated to hold a Government post. Learned counsel for the petitioner submits that the impugned order of the original authority dated 5.1.2008 and 14.2.2008, are not sustainable inasmuch as it is the own case of the State Government that Panchayat Teachers are not Government servants. He submits that in issue of compassionate appointment, the State Government has itself issued directions that no compassionate appointment can be made on the post of Panchayat Teachers as they do not hold a Government post. The appeal preferred by the petitioner has been dismissed on ground of limitation alone without considering 2 issues of law. In the nature of the controversy, this Court is satisfied that the appeal could not have been disposed in the manner done on a simple technicality. The appellate order dated 23.5.2009 is set aside and the matter is remanded to the appellate authority to pass a fresh, reasoned and speaking order containing proper discussion of facts and Government circulars whether the Panchayat Teacher holds a post under the Government circular and is classified as a Government Servant or not in context of and including an appropriate interpretation of Clause 3(e) of the regulations of 2006 governing appointment of Anganwari Sewika. Let such consideration be done and after hearing all concerned be disposed by a reasoned and speaking order, within a maximum period of three months from the date of receipt/production of a copy of this order. The appellate order is, accordingly, set aside. The application stands allowed. P. Kumar (Navin Sinha, J.)