IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8915 of 2009 POONAM KUMARI, WIFE OF AJAY KUMAR,RESIDENT OF VILLAGE AND P.O. BHATAUNA, BLOCK-MARWAN, DISTRICT-MUZAFFARPUR. ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR. 5. THE DISTRICT MAGISTRATE, MUZAFFARPUR, DISTRICT – MUZAFFARPUR. 6. THE DISTRICT PROGRAM OFFICER,MUZXAFFARPUR, DISTRICT – MUZAFFARPUR. 7. THE CHILD DEVELOPMENT PROJECT OFFICER, MARWAN, DISTRICT – MUZAFFARPUR. 8. THE MUKHIYA, GRAM PANCHAYAT RAJ, BHATAUNA, BLOCK- MARWAN, DISTRICT – MUZAFFARPUR. 9. NIVA KUMARI, WIFE OF SANJEEV KUMAR, RESIDENT OF VILLAGE AND P.O. BHATAUNA, BLOCK- MARWAN, DISTRICT- MUZAFFARPUR. ... ... RESPONDENTS. ----------- 2. 30.7.2009. Heard learned counsel for the petitioner and AAGI for the State of Bihar. 2. Petitioner is aggrieved by the order of the Commissioner, Tirhut Division dated 18.5.2009 (Annexure-9) where under learned Commissioner has set aside the order of the Collector, Muzaffarpur bearing Memo No.430 dated 3.5.2008 (Annexure-6) reinstating the petitioner as Aangan Bari Sevika for Centre No.127 Dhanuk Tola Bhatauna within Marwan Block in the district of Muzaffarpur and has directed for appointment of Niva Kumari on the ground that her selection on the post of Aangan Bari Sevika was valid - 2 - as her resignation from the post of Asha Worker stood accepted before her case was considered and recommended for appointment as Aangan Bari Sevika. 3. Counsel for the petitioner with reference to the report of the District Program Manager addressed to the Additional Chief Medical officer bearing letter No.230 dated 1.8.2007 (Annexure-11) submitted that Niva Kumari served as Asha Worker until the issue of the report dated 1.8.2007 and the finding of the learned Commissioner that her resignation stood already accepted from before as recorded under the impugned order dated 18.5.2009 does not appear to be correct. Learned AAGI appearing for the State in response to the aforesaid submission prayed for time to file counter affidavit as according to him before considering the correctness or otherwise of the aforesaid finding recorded by the learned Commissioner, this Court is required to grant opportunity to the State to file counter affidavit in the matter. Considering the nature of the order which this court proposes to pass in the matter, it does not appear necessary to grant such opportunity to the State Counsel. 4. Having heard learned counsel for the parties, this Court deems it expedient to direct the - 3 - N.H./ learned Commissioner to call for the records from the District Program Manager and to verify himself as to whether the resignation of Niva Kumari as Asha Worker stood accepted before her case was considered and recommended by the Aam Sabha for appointment as Aangan Bari Sevika and if the learned Commissioner is satisfied about the factum of acceptance of the resignation of Niva Kumari as Asha Worker before her case was considered by the Aam Sabha, then he need not interfere with his order, but if he comes to a conclusion that on the date of consideration and recommendation by the Aam Sabha, Niva Kumari was serving as Asha Worker, then he should review his finding recorded in the order dated 18.5.2009 and uphold the order of the Collector, Muzaffarpur. Necessary verification from the record in the light of this order be made by the learned Commissioner as early as possible in any case within one month from the date of receipt/production of a copy of this order. This application is, accordingly, disposed of. ( V.N. Sinha,J.) - 4 -