IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2310 of 2011 Smt.Sanju Devi @ Sanju Kumari wife of Sri Dharmendra Rai, resident of village – Bajitpur Cakwa, Post Office – Sahdoibujurg, Police Station- Desri, District – Vaishali at Hajipur Versus 1. The State of Bihar. 2. The Director, Integrated Child Development Scheme, Indira Bhawan, Patna. 3. The District Magistrate, Vaishali. 4. The District Programme Officer, Vaishali. 5. The Child Development Project Officer, Sahdoibujurg, Dist- Vaishali. 6. The Regional Development Officer, Muzaffarpur. 7. The Mukhiya Gram Panchayat Raj Bajitpur Chak, Kasturi, Block- Sahdoibujurg, Distt. Vaishali. 8. The Panchayat Secretary, Gram Panchayat Raj Bajitpur Chak Kasturi, Block Sahdoibujurg, District – Vaishali. ----------- 03. 9.8.2011 The background to the dispute is more evident after filing of the counter affidavit on behalf of the respondents. Initially selection on the post of Anganwari Sevika was done way back on 22.3.2007. That appointment came to be challenged because allegation was made that merit position of one Renu Kumari was ignored because of non-production of BPL certificate and therefore Meena Kumari was selected. Renu Kumari did not allow the matter to rest at that. She challenged the selection and her non-selection before the Collector. Collector ordered annulment of the selection and directed for holding a fresh selection process. Meena Kumari therefore challenged the said order before the Commissioner, Tirhut Division which was registered as Service Appeal No.4.250/08. That appeal affirmed the order passed by the Collector, which compelled Meena Kumari to 2 approach the High Court in CWJC No. 13915 of 2009. The High Court allowed the writ petition and remanded the matter to the Divisional Commissioner on the ground that before annulling the selection of Meena Kumari she was not noticed. Court also gave direction that no appointment shall be made on the post which was vacated by Meena Kumari. This order of the High Court was passed on 4.11.2009. Since the High Court’s order came to be passed in November, 2009 and the order of the Collector was already affirmed, the respondents went ahead by issuing an advertisement to fill up the vacancy caused. It seems that present petitioner came to be selected as well as appointed but the matter did not end with the same because something more had happened. Removal of Meena Kumari thereafter was held to be bad on remand by the Divisional Commissioner. In other words, she was ordered to be reinstated. If that order did beget the benefit to the said person, naturally she will occupy the post vacated by her on the basis of original selection. This is the background in which it is stated that petitioner came to be removed as her appointment was contingent and because of the vacancy caused in the above noted circumstance. It can be nobody’s case that if a person succeeds in a proceeding which may be quasi judicial in nature, he or she will not enjoy the fruits of such an order because something has 3 intervened in between. It cannot be the case of the petitioner that her selection has nothing to do with the vacancy caused due to removal of Meena Kumari. If it is interlinked and Meena Kumari stood restored to her original position, then petitioner will have to make way in her favour. Contention of the counsel that she was not a party in the writ application or thereafter has no reflection on the merit of the matter because the fact that what necessitated removal of the present petitioner from the post has already been recorded in detail in earlier part of the order. In the above background petitioner cannot continue on the post. As for payment of remuneration of the petitioner is concerned, the stand of the State in the counter affidavit is that a sum of Rs.3900/- which is the honorarium, has already been deposited in her account. So far as Poshahar allowance is concerned, she is not entitled for the same because this is not meant for the Anganwari Sewika but for the beneficiaries. In the above circumstance, writ has no merit. It is dismissed. rkp ( Ajay Kumar Tripathi, J.)