IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14097 of 2005 Manju Devi W/o Shivshankar Prasad Gram Amthua Thana-Kako District-Jehanabad Versus 1. The State Of Bihar. 2. The Director, Social Welfare Department Government of Bihar Patna. 3. The District Magistrate, Jehanabad. 4. Deputy Development Commissioner, Jehanabad, Dist-Jehanabad. 5. Child Development Project Officer, Kako Jehanabad. 6. Pramila Kumari W/o Manoj Kumar, Gram-Amthua Post-Kajisarai Block+Thana-Kako District –Jehanabad. ----------- 5 01.08.2011 Heard learned counsel for the petitioner. Nobody appears on behalf of the State. Although, on issuance of notice to respondent No. 6, duly executed Vakalat Nama has been filed on her behalf, but nobody appears on behalf of the respondent No. 6. The grievance of the petitioner is that on the basis of a resolution of Gramsabha, she was appointed as Sevika of Amthur (North) Anganbari in the District of Jehanabad. On a complaint filed by respondent No. 6, the order dated 21.06.2004 contained in letter No. 187 was passed by the respondent Deputy Development Commissioner, Jehanabad whereby she was directed to be removed from the post of Sevika and respondent No. 6 was directed to be appointed as Sevika of the said center. The aforesaid order has been challenged by the petitioner. While assailing the order, it is submitted that she was not associated with the inquiry conducted at the instance of the respondents inasmuch as no notice was issued to her. With reference to the rejoinder to the counter affidavit filed on behalf of the respondents 3 to 5 it has been pointed out that respondent No. 6 is presently holding the post of Mukhiya of Gram Panchayat Amutha 2 within Kako Block in the Distict of Jehanabad. Learned counsel referring to the Clause 3 of the guidelines issued by the Government of Bihar in the department of Social Welfare called Sevika/Sahayka Ke Chayan Marg Darshika /2006, submits that no one can be appointed on the post of Sevika who holds any public position/post including Mukhiya. In the submission of the petitioner the order contained in Annexure-2 cannot be given effect to since the respondent No. 6 is presently the Mukhiya of gram Panchayat. A counter affidavit has been filed on behalf of the respondents in which it is stated that the petitioner filed a suit being title suit No. 29 of 2004 in the Court of learned Munsif Jehanabad against the impugned order dated 21.06.2004. During the pendency of the suit the authorities did not take any steps in the matter of fresh selection to the post of Sevika of the said centre. Learned counsel for the petitioner submits that the said suit filed by the petitioner was rejected as not maintainable by judgment dated 27.02.2006/28.2.2006. Having heard learned counsel for the petitioner and on going through materials available on record, this Court is satisfied that the respondent No. 4 who is author of Annexure-1, is required to pass a fresh order in accordance with law. This is deemed necessary keeping in view the fact that respondent No. 6 is said to be now Mukhiya of the Gram Panchayat and the Aam Sabha is to be held under her leadership/chairmanship. This Court, however, is not pronouncing any view on the claim of the petitioner of having discharged her duties on the post to which she was selected initially 3 but was cancelled by the order contained in Annexure-1. Accordingly, the matter goes on remand to the respondent No. 4 (Deputy Development Commissioner, Jehanabad) to pass fresh order in accordance with law. Petitioner would be at liberty to place relevant facts before the said respondent by filing appropriate representations within four weeks along with a copy of the present order. The respondent Deputy Development Commissioner is now required to pass a fresh order in accordance with law and taking into consideration the representation, if any, filed by the petitioner. Order dated 21.06.04 (Annexure 1) shall not preclude the said respondent from passing a fresh order in the light of the observations made hereinabove. The application is disposed of. Prakash (Kishore Kumar Mandal, J.)