IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7414 of 2010 SABITA KUMARI W/O RAJU KUMAR R/O VILL.- KANAUDA, P.S.- IMAMGANJ, DISTT.- GAYA VERSUS 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR 2. THE PRINCIPAL SECRETARY, WELFARE DEPARTMENT, GOVERNMENT OF BIHAR 3. THE DIRECTOR, I.C.D.S. WELFARE DEPARTMENT, GOVERNMENT OF BIHAR 4. THE DIVISIONAL COMMISSIONER, MAGADH DIVISION, GAYA 5. THE DISTRICT MAGISTRATE, GAYA 6. THE DISTRICT PROGRAMME OFFICER, GAYA 7. THE CHILD DEVELOPMENT PROJECT OFFICER, IMAMGANJ, GAYA 8. THE SECRETARY, GRAM PANCHAYAT, NAGWA PRAKHAND, IMAMGANJ, GAYA …………………………………………………………………………RESPONDENTS *********** 2 30/04/2010 Heard Counsel for the parties. The petitioner was the Aanganbari Sevika and her services were terminated on the ground that the application form was not submitted before the Panchayat Secretary, rather it was submitted to the Child Development Project Officer. It is also stated that the Panchayat Secretary was not accepting the application forms and as such, the District Magistrate, Gaya by his letter no. 1188, dated 27th February, 2007 had directed that the Child Development Project Officer should accept the complaint petition and application forms by the candidates. The District Magistrate, Gaya dismissed the application filed on behalf of the petitioner by order dated 05.04.2008. The petitioner has filed an appeal before the Commissioner, Magadh Division, Gaya numbered as 86 of 2008. It is submitted on behalf of the petitioner that nobody has taken the place of the petitioner as Aanganbari Sevika. Considering that the post is vacant for a long time, the Commissioner, Magadh Division, Gaya is directed to dispose of the Appeal No. 86 of 2008 by giving notice to the Child Development Project Officer, Imamganj, Gaya, the petitioner and the Secretary, Gram Panchayat, Nagwa Prakhand, Imamganj, Gaya within one week from the date of receipt/production of a copy of this order asking them to come up with all the relevant records regarding the appointment of Aanganbari Sevika of Kanauda Centre No. 45. The Commissioner should then dispose of the matter within three months thereafter. If, in case, any other person is appointed in place of the petitioner, it would be essential to hear the Aanganbari Sevika who has been freshly appointed as her rights would be affected if any order is passed in favour of the petitioner. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)