IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3223 of 2007 Pratima Kumari, WIFE OF SRI NARESH PRASAD, RESIDENT OF VILLAGE- SUNDERBIGHA, P.S. NOORSARAI, DISTRICT- NALANDA :--- PETITIONER. Versus 1. The State Of Bihar, THROUGH THE SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR, I.C.D.S. DIRECTORATE, SOCIAL WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DY. DIRECTOR, SOCIAL WELFARE PATNA DIVISION, PATNA. 4. THE DISTRICT MAGISTRATE, NALANDA AT BIHARSHARIF. 5. THE DISTRICT WELFARE OFFICER, NALANDA, BIHARSHARIF. 6. CHILD DEVELOPMENT PROJECT OFFICER (BAL VIKASH PARIYOJNA PADADHIKARI) NOORSARAI, NALANDA. 7. KIRAN KUMARI, WIFE OF SRI VIJOY KUMAR, RESIDENT OF VILLAGE- SUNDERBIGHA, P.S. AZNAURA, P.S. NOORSARAI, DISTRICT- NALANDA, AT PRESENT SWETA KIRANA STORES, HANUMANNAGAR, P.S. PATRAKARNAGAR, DISTRICT- PATNA :--- RESPONDENTS. ---------------------------------- 5. 13.09.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order bearing Letter No. 12 dated 16.01.2007, Annexure-1, whereunder Private Respondent No. 7 has been appointed as Anganwadi Sewika in compliance of the order of the Division Bench of this Court dated 12.12.2006 passed in L.P.A.No. 1158 of 2005, Annexure-7. It appears Private Respondent No. 7 was appointed as Anganwadi Sewika in the year 1991. Later her case was reexamined by the Collector of the district under order dated 22.07.2002 and her appointment was found violative of the circular issued in the year 1998 on the ground that she was not the bride of the village in which the Anganwadi centre is located. Circular letter of the year 1998 was prospective in nature which was also indicated in the circular itself. Appreciating the prospective nature of the circular 2 Division Bench set aside the order of the Single Judge dated 6.9.2005 whereunder termination order dated 22.07.2002 passed against Private Respondent No. 7 was not interfered with by this Court vide order dated 06.09.2005 passed in C.W.J.C.No. 11502 of 2004. Present impugned order bearing Letter No. 12 dated 16.1.2007, Annexure-1 has been passed in compliance of the order dated 12.12.2006 passed in L.P.A.No. 1158 of 2005 setting aside the termination order dated 22.7.2002 passed against Private Respondent No. 7. Petitioner herein was appointed as Anganwadi Sewika on the same post from which Private Respondent No. 7 was removed by the Collector of the district under order dated 22.07.2002 which order was held to be not in accordance with law by the Division Bench and set aside by the Division Bench under orders dated 12.12.2006. After the order removing Private Respondent No. 7 was set aside by the Division Bench under order dated 12.12.2006 the authorities had no option but to remove the petitioner herein as she was appointed on the same post from which Private Respondent No. 7 was earlier removed under order dated 22.7.2002. 3. In view of the aforesaid facts, I do not find any merit in the writ petition, which is dismissed. P.K.P. (V.N.Sinha,J.)