IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11499 of 2007 SUMAN KUMARI, wife of Sri Surajdeo Yadav, resident of village- Chonha, P. O. Maigara, P. S. Dumaria, District Gaya. … Petitioner. Versus 1. THE STATE OF BIHAR 2. The Director, Welfare Department, Government of Bihar, Patna. 3. The District Magistrate-cum-Collector, Gaya. 4. The District Programme Officer, Gaya. 5. The Deputy Development Commissioner, Gaya. 6. The District Welfare Officer, Gaya. 7. The Sub-Divisional Officer, Sherghati, Gaya. 8. The Child Development Project Officer-cum- Block Development Officer, Dumaria, P. S. Dumaria, District Gaya. 9. The Welfare Officer, Dumaria, District Gaya. 10. The Mukhiya, Gram Panchayat, Narayanpur, Dumaria, Block, P. S.- Dumaria, District Gaya. 11. Priti Kumari, Wife of Sri Shyamnandan Paswan, resident of village- Rampur Tola, Hesra Rampur, P. O.- Maigara, P. S. Dumaria, District. Gaya. … Respondents. ----------- 2. 17.12.2009. Heard counsel for the petitioner, counsel for the State as also counsel for respondent no.11. The prayer of the petitioner in this writ application reads as follows:- “i. For quashing the Memo No. 88/Sa. Dated 15.6.2007, whereby and whereunder the respondent no. 11 (Priti Kumari) has been illegally appointed by the C.D.P.O.-cum- Block Development Officer, Dumaria (respondent no. 8) as Anganwari Sevika for newly created centre of Chonha under Gram Panchayat, Narayanpur, Dumaria Block, Gaya (Annexure-10). ii) For commanding the respondent authority to treat the 2 appointment of the petitioner as Anganbari Sevika as final for newly created centre of Anganwari Sevika at Village- Chonha under Gram Panchayat, Narayanpur, Dumaria Block, Gaya since 18.5.2007 vide letter No. 1. (Gres. Pan.)(Annexure-8). iii) For commanding the respondent authority to pay honorarium to the petitioner since the date of her appointment with arrears forthwith and further be directed to send the petitioner for training as of Anganbari Sevika as contemplated under the scheme of the State Government and by an interim order the respondents be directed to treat the petitioner as duly appointed Anganbari Sevika and be sent for training.” Before the counsel for the petitioner could open his submission, counsel for the respondent no. 11 has pointed out that petitioner’s representation to the Prescribed Authority namely Collector of the District was decided during the pendency of this writ application by order dated 22.7.2008 as contained in Annexure- G to the counter-affidavit whereby and whereunder the same has been rejected. Counsel for the respondent no. 11 further points out that in terms of Clause 11 of the Guidelines the 3 order passed by the Collector of the District is appealable. Considering the aforementioned submission, counsel for the petitioner would seek leave to withdraw this application with a liberty to move the Commissioner of the Division by filing an appeal against the order dated 22.7.2008 passed by the Collector of Gaya District as contained in Annexure- G to the counter affidavit. This writ application is accordingly permitted to be withdrawn with a liberty to the petitioner to file her appeal. In case such an appeal is filed within a period of one month from the date of receipt/production of a copy of this order, the Commissioner of Gaya Division will decide the same on merits without insisting on the plea of limitation. Such decision on merits however will be taken only after hearing the petitioner, respondent no. 11 and the concerned representative of Gram Panchayat within the time frame fixed in the Government Circular dated 10.12.2009. kanchan (Mihir Kumar Jha, J.)