IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18823 of 2011 1. Bishnu Kumari W/O Ranjeet Sharma R/O Village- Morkahi, P.S.- Allauli, District- Khagaria 2. Bishnu Kumari Wife of Ranjeet Sharma Resident Of Village- Morkahi,Ps-Allauli,District-Khagaria. ….Petitioners Versus 1. The State Of Bihar Through Secretary Welfare Department, Government Of Bihar, Patna 2. The Director Of Directorate Of Welfare, Government Of Bihar, Patna 3. The District Magistrate-Cum-Collector,Khagaria 4. The Sub Divisional Officer, Khagaria 5. The Block Development Officer, Allauli, District- Khagaria 6. The Executive Magistrate, Khagaria 7. The Child Development Project Officer, Khagaria 8. Smt. Phool Kumari W/O Munari Yadav R/O Village- Matwan, P.S.- Alauli, Distt.-Khagaria …..Respondnets ---------------------------------- 2. 24.10.2011 Heard learned counsel for the petitioner and learned A.C. to S.C.-8 for the respondents No. 1 to 7. The petitioner is aggrieved by the appellate order dated 21.11.2008 passed by the Divisional Commissioner, Munger, in Miscellaneous Appeal No. 41/2008 by which the order passed by the Collector, Khagaria dated 25.08.2008 in Miscellaneous Case No. 33/07-2008 cancelling the appointment of the petitioner on the post of Anganbari Sevika at Centre No. 147 in village- Mokrahi, in the District of Khagaria has been upheld. Learned counsel submits that the private respondent had filed a petition leading to the present litigation and states that she herself was not entitled and thus 2 the authorities have wrongly decided the issue against her. He submits that the petitioner was appointed in the absence of a suitable candidate of the same Tola though the petitioner belongs to another Tola of the same Panchayat. Learned counsel for the State on the other hand raises a preliminary objection stating that the appellate order is dated 21.11.2008 whereas the original order is 25.08.2008 and since the petitioner moved this Court after three years, the writ petition out not to be entertained. He submits that in any view of the matter, since the appellate order makes it clear that the respondents were directed to complete the process of such appointment afresh without any delay, the petitioner cannot have any genuine grievance as it would be open for her to take part in the fresh selection. Considering the facts and circumstances of the case, this Court is not inclined to entertain this writ petition for the reason that almost 3 years have elapsed since the passing of the appellate order and further from the appellate order it is clear that certain facts which remain undisputed and have come to light after consideration of the case of the parties on merits. Further, as there has been a direction for 3 fresh appointment, this Court would also endorse the view taken by the Commissioner in the said appellate order dated 21.11.2008. In view of the aforesaid, this writ petition stands dismissed. Before parting with the order, this Court would like to observe that the authorities are obliged to fill up the post of Aganbari Sevika and not keep it vacant for such a long period since it affects the beneficiaries of welfare schemes meant for such groups which in the present case are the underprivileged children of the locality. In that view of the matter, the process, if not already completed, should be completed within two months from the date of receipt / production of a copy of this order upon the concerned respondents. Let a copy of this order be given to learned Counsel for the State for communication to the concerned respondents for its compliance. Saif/- (Ahsanuddin Amanullah, J.)