IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16651 of 2004 1.USHA KUMARI W/O Ashok Kumar, Resident of village haradiyan, P.O. Chamanpura, Prakhand- Baikunthpur, District-Gopalganj. 2.Kumari Suman, W/o Sanjeev Kumar Singh, resident of village+P.O.Chamanpura, prakhan-Baikunthpur, District Gopalganj. 3.Poonam Kumari W/o Rameshwar kumar Yadava, resident of village mangalpur, p.O.Shyampur, prakhand Bainkunthpur, District Gopalganj. 4.Kian Kumari w/o Sitaram Prasad, resident of village Haridiyan, P.O.Chamanpura, prakhand Bainkunthpur, District Gopalganj. 5.Sarita Sharma, W/o Ramashankar sharma, resident of village+p.o. Chamanpura, prakhand Bainkunthpur, District Gopalganj. 6.Anita Kumari W/o Shatrughan Prasad, resident of village+P.O. Chamanpura, Prakhand-Baikunthpur, District Gopalganj. 7.Meera Kumari, W/o Harishankar Rai, resident of village+P.O. Chamanpura, Prakhand-Baikunthpur, District Gopalganj. 8.Madhuri Kumari W/o Birendra Kumar Paswan, resident of village Manjhwalia, P.O. Shyampur, Prakhand Baikunthpur, District Gopalganj. 9.Suganti Devi W/o Nagendra Rai, resident of village Chandpur, P.O. Chamanpura, Prakhand Baikunthpur, District Gopalganj. 10.Chintamani Devi W/o Shri Bhagwan Manjhi, resident of village+P.O. Chmanpura, Prakhand Baikunthpur, District Gopalganj. Versus 1.THE STATE OF BIHAR 2.The Secretary Cum Commissioner, Welfare Department Bihar, Patna. 3.The Collector Cum District Magistrate, Gopalganj. 4.The Child Development Project Officer, Kateya Gopalganj. 5.The Child Development project officer, Panchodeori, Gopalganj. ----------- 3 9/11/2009 Heard counsel for the petitioners and counsel for the 2 State. Prayer of the petitioner in this writ application reads as follows:- “That this application is being filed for issuance of an appropriate writ of certiorari quashing the order dated 9.9.04 passed by Respondent- Collector, Gopalganj (Vide his memo No.421 dated 9.9.04) by which the Respondent no.3 has issued a completely illegal direction to the Mukhia of Baikunthpur Prakhand to start the selection process of Angan Bari Sevika in the said Prakhand (of Gopalganj district). The impugned order would result in illegal removal of the services of the petitioner.” Mr. Manan Kumar Mishra, learned Senior counsel appearing on behalf of the petitioners assailing the impugned order would submit that the said order passed by the Collector, Gopalganj district was wholly unauthorized and in fact without jurisdiction, inasmuch as, the Collector of the district had no power to cancel the appointment of Anganbari Sevika/Sahiyaka which has been made on the basis of Government resolution through the Gram Panchayat. Mr. Mishra, on being asked as to whether appointment of the petitioners have been cancelled pursuant to the impugned order has submitted that the petitioners, at least till ten days before were continuing in service and he cannot say as to what is the position as on today. That being so, when the petitioners were still continuing in service and were not affected by the impugned order, they had no cause of action to file this writ application. If however the petitioners would be disturbed in future from service only on the basis of the impugned order as contained in Annexure-2, they will have the 3 remedy initially before the authority, i.e, as prescribed by the State Government and on its refusal before this Court. With the aforementioned observations this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)