IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8353 of 2011 PREM KUMARI, wife of Dinesh Yadav, resident of Village + PO Bhawanipur, PS Gopalpur, District Bhagalpur ......Petitioner Versus 1. THE STATE OF BIHAR through its Secretary, Department of Rural Development, Government of Bihar, Patna 2. The Director, Department of Rural Development, Government of Bihar, Patna 3. The Director, Panchayati Raj, Govt. of Bihar, Patna 4. The Divisional Commissioner, Bhagalpur 5. The District Magistrate, Bhagalpur 6. The Deputy Development Commissioner, Bhagalpur Division, Bhagalpur 7. The Block Development Officer, Block – Rangra Chowk, District Bhagalpur 8. The Block Education Extension Officer, Block – Rangra Chowk, District Bhagalpur 9. The Child Development Project Officer, Block – Rangra Chowk, District Bhagalpur 10. The Mukhia, Gram Panchayat Raj Bhawanipur, Block – Rangra Chowk, District Bhagalpur 11. The Panchayat Secretary, Gram Panchayat Raj, Bhawanipur, Block – Rangra Chowk, District Bhagalpur 12. Sangita Kumari, wife of Sanjay Bharti, resident of Village + PO Bhawanipur, PS Gopalpur, District Bhagalpur ......Respondents ----------- 02- 11/5/2011 Heard Mr. Pramod Mishra for the petitioner, and learned Assistant Counsel to Mr. Ahsanuddin Amanullah, Govt. Advocate no.IV. This writ petition is directed against the order dated 30.3.2011 (Annexure 8), passed by the learned Commissioner of Bhagalpur, whereby the appeal preferred by respondent no.12 has been allowed, the order of the learned Collector of the district of Bhagalpur has been set aside, and it has been directed that respondent no.6 2 therein shall be appointed as Anganwari Sevika. 2. A brief statement of facts essential for the disposal of the writ petition may be indicated. The petitioner claims to have been selected for the post of Anganwari Sevika. The order dated 16.2.2007 (Annexure 1) was issued to her, whereby she was informed that she will have to join the training. Thereafter no intimation was received directing her to join the training. She submitted her representation dated 16.5.2007 (Annexure 3), before the learned Collector of the district which remained unattended leading to CWJC No.14428 of 2007. The same was disposed of by a learned single Judge of this Court by his order dated 18.12.2009 (Annexure 5), whereby the learned Collector was directed to dispose of the petitioner’s representation expeditiously. The learned Collector disposed of the petitioner’s case bearing Misc. Case no.98/09-10 (Prem Kumari vs. Bal Vikas Pariyojna Padadhikari), which was allowed by order dated 14.6.2010, and the Bal Vikas Pariyojna Padadhikari was directed to allow her to join. Aggrieved by the order, respondent no.12 herein moved the learned Commissioner of Bhagalpur which was allowed by order dated 30.3.1011, passed in Bhagalpur Misc. case no.20/2010-11 (Sangita 3 Kumari vs. State of Bihar & Ors.), whereby the order dated 14.6.2010 of the learned Collector has been set aside, and it has been held that appointment of respondent no.13 as Anganwari Sevika cannot be faulted and should be allowed to function as such. 3. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It appears to us that respondent no.12 herein had not been allowed to join because her father-in-law was a retired Government servant. The learned Commissioner has concluded that after superannuation, employer and employee relationship comes to an end and cannot prohibit a person from being appointed as Anganwari Sevika. He has stated in substance that such is the spirit of the policy decision of the State Government also. He has also held that respondent no.12 herein has scored higher marks then the present writ petitioner. The order of the learned Commissioner, therefore, cannot be faulted. 4. The writ petition is accordingly dismissed. ( S K Katriar ) mrl 4