IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2684 of 2011 SUMITA THAKUR W/O DINBANDHU THAKUR D/O SHAILENDRA KUMAR THAKUR R/O VILL.-+ PO- MEHURA, PS-BAGHAN DISTT- WEST CHAMPARAN, BETTIA-------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER, SOCIAL WELFARE DEPARTT. TIRHUT COMMISSIONERY, MUZAFFARPUR 3. THE REGIONAL DEVELOPMENT OFFICER, TIRHUT COMMISSIONERY MUZAFFARPUR 4. THE COLLECTOR-CUM-D.M. WEST CHAMPARAN, BETTIA 5. THE DISTRICT PROGRAMME OFFICER, WEST CHAMPARAN,BETTIA 6. THE CHILD DEVELOPMENT PROJECT OFFICER, SIGHAW BLOCK DISTT- WEST CHAMPARAN, BETTIA 7. THE SUPERVISOR, SIGHAW BLOCK DISTT- WEST CHAMPARAN,BETTIA 8. THE MUKHIYA GRAM PANCHAYAT AT RAJ MEHURA, BLOCK BEGAHAN DISTT-WEST CHAMPARAN-BETTIA-------------RESPONDENTS ----------- 2 4.7.2011 Heard learned counsel for the parties. In the matter of action taken against the petitioner of her removal from the post of Anganbari Sevika, Appeal No. 253 of 2009 is pending before the Divisional Commissioner Muzaffarpur. That appeal has not been decided till date. Naturally the vacancy caused due to said removal is sought to be filled up by advertisement issued by the respondents on 15.1.2011. Whatever be the compulsion behind non- adjudication of the petitioner’s appeal the fact is that even if a selection is made in the meanwhile it will create a kind of prejudice in case the petitioner succeeds. Learned counsel for the State is not in a position to inform the Court as to the present status with regard to the advertisement in question, but the writ application even otherwise can be disposed of with a direction upon the Divisional Commissioner, Muzaffarpur that he shall expedite the disposal of - 2 - the appeal of the petitioner and any selection made in the meanwhile will be subject to the result of the said appeal if it has been done so. If it has not been done then the respondents would be well advised to await the decision on the appeal. This writ application with the above direction. RPS (Ajay Kumar Tripathi,J.)