IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1648 of 2009 ***** 1. CHANCHALA KUMARI W/O SRI ANIL KUMAR R/O VILL- GOPALPUR GOPAL, P.S. BACHAHAN, DISTT. MUZAFFARPUR. …. …. (Not Party in the writ petition) .. Appellant Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE MUZAFFARPUR 3. DISTRICT PROGRAMME OFFICER MUZAFFARPUR 4. CHILD DEVELOPMENT PROJECT OFFICER BACHAHAN, MUZAFFARPUR 5. SUB-DIVISIONAL OFFICER MUZAFFARPUR 6. MUKHIYA, GRAM PANCHAYAT RAJ SARFUDDINPUR, BLOCK & P.S. BOCHAHAN, DISTT. MUZAFFARPUR. …. …. Respondent 7. KUMARI NISHA W/O SRI MANOJ KUMAR R/O VILL- GOPALPUR GOPAL, TOLA- CHAKHAZI, P.S. BOCHAHAN, DISTT. MUZAFFARPUR …. …. Petitioner - Respondent ----------- 3. 18.01.2010. I.A. No.102 of 2010 :- This is an application for grant of leave to prefer the appeal. 2. Having heard Mr. Suraj Narain Yadav, learned counsel for the appellant and Mr. Prabhakar Tekriwal, learned Government Advocate-I, we are of the considered opinion that leave should be granted to prefer the appeal and accordingly the application stands allowed. I.A. No. 8714 of 2009: - 3. This is an application for condonation of delay of 63 days. - 2 - 4. Ordinarily, we would have issued notice to the private respondent but for the nature of the order we are going to pass we are not inclined to issue notice, while dealing with this application as we are inclined to deal with the appeal on merits. 5. In this appeal the assail is to the order dated 8.9.2009 passed by the learned Single Judge in C.W.J.C. No. 11676 of 2009, whereby he has issued a direction to the District Programme Officer to comply with the order dated 15.10.2008 contained in Annexure-1 whereby the appointment of the present appellant, namely, Smt. Chanchala Kumari as Aanganbari Sevika has been cancelled with direction to the concerned authorities to make appointment on the basis of the earlier merit list in accordance with the departmental instructions. 6. It is submitted by Mr. Suraj Narain Yadav, learned counsel for the appellant that Chanchala Kumari has preferred C.W.J.C. No. 16618 of 2008 which is in the cause list of the learned Single Judge. 7. In course of the hearing of this appeal we have been apprised that said Nisha Kumari has already been - 3 - given the appointment and the order dated 8.9.2009 has already been given effect to. In view of the aforesaid we dispose of the appeal only observing that the appointment of Kumari Nisha in pursuance of the order passed by this Court in C.W.J.C. No. 11676 of 2009 which is based on an order contained in Memo No.1208 dated 15.10.2008 which is a composite one, namely, cancellation of the appointment of Chanchala Kumari and the appointment of Kumari Nisha shall be subject to final result of C.W.J.C. No. 16618 of 2008. 8. The learned Single Judge is requested to take-up C.W.J.C. No. 16618 of 2008 at the earliest. We may repeat at the cost of repetition that we have so requested regard being had to the peculiar facts of the case. 9. L.P.A. is accordingly disposed of. Pawan/- (Dipak Misra, CJ) (Shiva Kirti Singh, J)