IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14849 of 2008 BIBHA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2 22.5.2009 Heard counsel for the petitioner and counsel for the State. In this writ application, the petitioner has made prayer for quashing of the order dated 17.5.2008 passed by the District Magistrate, Vaishali at Hajipur in Misc. Case No. 104/2008-09 by which the selection of the petitioner on the post of Anganwari Sevika of Anganwari Centre No. 131 situated at Village Yushufpur under Gram Panchayat Mian Bairo under Bhagwanpur Block in the district of Vaishali, has been cancelled. Counsel for the petitioner would not dispute that such order of the Collector is appealable before the Commissioner of the district in terms of the policy decision of the State Government. Counsel in fact, therefore, is prepared to file an appeal before the Commissioner of the Tirhut Division at Muzzafarpur but then he has only apprehension that the post on which she was continuing may be filled up. 2 In the opinion of this Court, such apprehension is wholly misconceived because once the petitioner has already filed a writ application assailing her removal, she would definitely be entitled to be reinstated in case her writ application is allowed in her favor. Obviously, if the petitioner now files an appeal and the result of the appeal would go in her favor, it would definitely again entitle her to be reinstated in service. In that view of the matter, the apprehension gathered by the petitioner in view of Memo No. 88 dated 14.5.2009 issued by the Child Development Project Officer, Bhagwanpur, Vaishali at Hazipur seeking to make selection on 25.5.2009 for the post in question in which the petitioner was working was wholly misconceived. The Child Development Project Officer, Bhagwanpur, Vaishali at Hazipur would definitely not act in haste in filling up the post of Anganwari Sevika which is the subject matter of this writ application and the same is now being remitted to the Commissioner of the Division for deciding the appeal to be preferred by the petitioner 3 within a period of one week from today. This Court would, accordingly, direct the Commissioner of Tirhut Division Muzzafarpur to consider the appeal of the petitioner and pass an order in appeal within a period of one month from the date of filing of such appeal. It is, however, made clear that for a period of one month from today, such post of Angalwari Sevika on which the petitioner was working will not be filled up and therefore, even if the applications have been submitted before the Child Development Project Officer, Bhagwanpur, Vaishali at Hazipur in terms of memo no. 88 dated 14.5.2009, the same shall not be given effect to for the aforesaid period. With the aforementioned observations/ direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)