IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5306 of 2008 TARA DEVI , WIFE OF DHARMENDRA SINGH, RESIDENT OF VILLAGE TETARIA DIH, P.S. NAWADA MUFASSIL, DISTRICT NAWADA ANGANWARI SAHAYIKA TETARIA DIH ANGANWARI CENTRE UNDER GRAM PANCHAYAT DADAUR ANCHAL, P.S. NAWADA, DISTRICT NAWADA. ---- PETITIONER Versus 1. THE STATE OF BIHAR.THROUGH THE SECRETARY, DEPARTMENT OF WELFARE, BIHAR, PATNA. 2. THE DIRECTOR, SOCIAL WELFARE, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, NAWADA. 4. THE CHILD DEVELOPMENT PROJECT OFFICER, NAWADA SADAR. ----- RESPONDENTS ----------- 2 26.4.2011 The petitioner is aggrieved by the order passed by the District Magistrate, Nawada terminating her from the post of Anganwari Sahayika. The consequential order has been challenged in the writ application and is annexed as Annexure-5. The order has been passed in compliance of the order of the High Court passed in CWJC No. 9833 of 2005 wherein details have been given with respect to the manner and how the appointment should be made. On examination of the case of the petitioner, it is found that the mother-in-law Bachhi Devi and the present petitioner who is the daughter-in- law were working in one centre and as such the petitioner was terminated. It has been submitted on behalf of the petitioner that Bachhi Devi had submitted her resignation 2 and as such the allegations are completely untrue. The stand of the State is that the resignation letter is a forged one. In any event, the right remedy for the petitioner would be to file an appeal against the order of the District Magistrate before the Commissioner, Magadh Division, Gaya. If the petitioner files an appeal along with a limitation petition, the Commissioner, Magadh Division may consider it sympathetically in view of the fact that the petitioner was pursuing her remedy before this Court. A copy of this order may be annexed with memo of appeal. A copy of this order may be produced before the Child Development Project Officer and the District Programme Officer so that they may also file their affidavits before the Commissioner expeditiously. The realization of the remuneration amount as mentioned in Annexure-5 will be subject to the result of the decision of the Commissioner. This writ application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)