IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1612 of 2008 SMT.SITA DEVI @ SITA KUMARI, wife of Sri Surendra Rai, resident of Village- Sujabalpur Chausima, P.O. Siho, P.S. Sakara, District-Muzaffarpur --------- Petitioner Versus 1. THE STATE OF BIHAR 2. Secretary, Department of Social Welfare , Govt. of Bihar,Patna 3. Deputy Development Commissioner, Child Development Project, Muzaffarpur. 4. The District Welfare Officer, Muzaffarpur. 5. Child Development Project Officer, Block Sakara, District- Muzaffarpur. 6. Smt. Sangita Kumari W/O Sri Sanjay Paswan, permanent resident of Village-Keshopur, P.S. Keshopur( Via) Chandanpatti, P.S. Sakara, District-Muzaffarpur , at present residing ( temporarily) at Village- Chausima, P.O. Siho, P.S. Sakara, District-Muzaffarpur. 7. Sri Suraj Paswan, Mukhiya, Roopanpatti, Mathurapur Panchayat, P.O. Siho, P.S. Sakara, District-Muzaffarpur. 8. The Roopanpatti Mathurapur Gram Panchayat through its Secretary Sri Ramjiwan Singh, having its office at Panchayat Bhawan, at Village- Mishraulia, P.S. Siho, P.S. Sakara, District-Muzaffarpur. ------------- Respondents. ----------- 2 08-01-2010 Heard learned counsel for the petitioner and the State. The grievance is that the petitioner assailed the merit list dated 9.3.2007 for appointment on the post of Aanganbari Sevika in Village-Chausima, Block –Sakara, District-Muzaffarpur before the District Magistrate, Muzaffarpur by an application filed well within time, which - 2 - has been remained pending for consideration and has not been disposed. Under the guidelines regulating the appointment of Aanganbari Sevikas as framed in 2006 before its amendment in July,2008 it was the duty of the District Magistrate under Rule 10 to dispose of the same by a reasoned and speaking order, against which the aggrieved has remedy before the Commissioner also. If, as alleged, the District Magistrate has not disposed off the grievance of the petitioner, it is a serious irregularity which cannot prejudice the petitioner. Learned counsel for the State submits that the application before the District Magistrate has remained pending and the regulations have been changed from 25.7.2008 vesting that power in the District Programme Officer. If the petitioner files an application before the District Programme Officer within thirty days from today enclosing copy of the earlier application filed before the District Magistrate, let the District Programme Officer dispose off the same by a reasoned and speaking order after - 3 - hearing all concerned including those likely to be affected by his order and appeal against which shall lie before the District Magistrate by the aggrieved, within a maximum period of four months from the date of receipt/production of a copy of the present order. NKS/- ( Navin Sinha, J)