IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17215 of 2007 SAVITA DEVI, Wife of Shri Vinod Kumar Gupta, Resident of village Lebura Police Station Rohtas, District Rohtas at Sasaram. Versus 1.THE STATE OF BIHAR 2.The Chief Secretary, Govt. of Bihar, Patna. 3.The Secretary Cum Commissioner, Department of Social Welfare, Govt. of Bihar, Patna. 4.The District Magistrate, Rohtas At Sasaram. 5.The District Programme Officer, Rohtas at Sasaram. 6.The S.D.O.Dehri on sone, District Rohtas Bihar. 7.The Child Development Programme Officer, District Rohtas at Sasaram Bihar. 8.The Mukhiya, Gram Panchayat, Samahuta, Block Rohtas, District Rohtas at Sasaram, Bihar. 9. The Panchayat Secretary Cum Panchyat Samahuta, Block Rohtas, District Rohtas at Sasaram, Bihar. 10.Smt. Anita Singh, wife of Sri Damodar Singh, resident of village Kalyanpur, P.s. Rohtas District Rohtas (Sasaram). ----------- 2 18/12/2009 Heard counsel for the parties. The prayer of the petitioner in this writ application reads as follows:- “(i)For issuance of a writ in the nature of certiorari or any other appropriate writ for quashing of orders contained in letter no.3049 dated 22.10.2007 issued by the District Magistrate,Rohtas (Respondent no.4), letter no. 972 dated 26.10.2007 issued by the District Programme Officer, Rohtas (Respondent no.5) and letter No. Nil dated 10.11.2007 issued by the Mukhiya Samhuta Gram Panchayat Block Rohtas, District Rohtas ( Respondent no.8) (Annexure 8,9 and 10 respectively), whereby the appointment of the petitioner on the post of Anganbari Sevika for Kendra No.43 in Samhuta Gram Panchayat has been cancelled. (ii)For issuance of a writ in the nature of certiorari or any other appropriate 2 writ for quashing of the report contained in Memo No.2339 dated 5.10.2007 (Annexure-7) issued under the signature of S.D.O. Dehri on sone addressing the District Magistrate, Rohtas, wherein he has recommended to cancel the appointment of the petitioner on the post of Anganbari Sevika for Kendra No.43 of Samhuta Gram Panchayat. (iii)For issuance of a writ in the nature of mandamus or any other appropriate writ commanding the respondents to reinstate the petitioner on the post of Anganbari Sevika at Anganbari Kendra No.43 of Samhuta Gram Panchayat alongwith a direction to pay all consequential benefits like salary, allowance, perquisities in continance of earlier payments already made to the petitioner and admissible interest at the rate of 18% and cost of litigation.” Counsel for the petitioner would submit that the final order passed by the Collector has not been assailed before the Commissioner and he would seek leave to do so. That being so, this Court without disturbing the impugned order passed by the Collector would accord leave to the petitioner to file appeal before the Commissioner of Division who in view of pendency of this writ petition for a period over two years would not reject the same on technical ground of limitation but would dispose of the same on merits after giving opportunity of hearing to all concerned within the time frame fixed by the State Government in the latest Circular dated 10.12.2009. With the aforementioned observations and directions, this writ application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.) 3