IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1074 of 2010 1. YASHODA KUMARI W/O SHRI ANUJANAND 'ANUJ' R/O VILL.- PATHADDA, P.S.- PHULIDOOMER, DISTT.- BANKA (BIHAR) AT PRESENT AGANBARI SEVIKA OF DAKSHIN TOLA, AGANBARI KENDRA PATHADDA, P.S.- PHULIDOOMER, DISTT.- BANKA …………….. Petitioner Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE BANKA 3. THE DISTRICT WELFARE OFFICER BANKA 4.THE BAL VIKASH PARIYOJNA PADADHIKARI PHULIDOOMER (BANKA) ……………….. Opposite Parties ----------- 02. 20.07.2010 Heard learned counsel for the petitioner and counsel appearing on behalf of the State. Petitioner has challenged the Order, passed by the District Magistrate, Banka, dated 21.10.2007, whereby the selection of petitioner for the post of Anganbari Sevika of Dakshintola, Aganbari Kendra Pathadda under Bal Vikash Pariyojna Padadhikari, Phulidoomer, has been cancelled and a direction has been issued to the Child Development Project Officer, Phulidoomer for initiating a procedure for re- selection of Anganbari Sevika for the concerned Centre. On perusal of the impugned order, it transpires that the selection of petitioner as 2 Anganbari Sevika and Champa Devi, Anganbari Sahayika, has been done without previous notice to the interested applicants, even the CDPO and Panchayat Secretary had no information for Aam Sabha, in which the selection of Anganbari Sevika and Sahiyaka was to be made and in complete violation of the guidelines for selection of Anganbari Sevika and Sahayika, the petitioner was selected for the post of Anganbari Sevika. She continued for some time on this post and subsequently, it was cancelled. Challenging the Order of cancellation, the petitioner filed C.W.J.C. No. 11066 of 2009, which was disposed off, directing the petitioner to file her application before the District Magistrate and the District Magistrate was directed to dispose off the application filed by the petitioner in accordance with law. By the impugned order, as per the direction of High Court, the District Magistrate has passed this Order. On perusal of the Order, I do not find that any illegality has been committed by the District Magistrate by passing the impugned order. 3 Since, selection process itself was illegal and in violation of the guidelines, the District Magistrate has cancelled the selection of the petitioner. He has rightly issued a direction for initiating fresh selection process. However, the counsel for the petitioner submits that on account of being selected on the post, she has continued to discharge her duties for some time, but she was not paid the honorarium and Poshahar for this period. The petitioner is directed to file an application before the District Magistrate for the relief relating to honorarium and Poshahar. On consideration of the concerned records, in case, petitioner is entitled for the same, it must be paid to her. So far cancellation of selection of petitioner is concerned, I do not find any error in the Order. Petitioner may participate in the fresh selection process, initiated for selection of Anganbari Sevika, in case it is done as per the direction of the District Magistrate. This application is disposed off. S.K.M. (Mridula Mishra, J.)