IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.250 of 2008 MANJOO DEVI @ MANJOO KUMARI , WIFE OF LATE RAMDEO PRASAD, RESIDENT OF VILLAGE-ABIDBIGHA, P.O. RAIS, P.S. – PAKRIBARAWAN, DISTRICT-NAWADAH ----------------------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR. 2. THE COMMISSION ER, MAGADH DIVISION, GAYA 3. THE COLLECTOR, NAWADAH 4. THE DISTRICT WELFARE OFFICER, DISTRICT-NAWADAH 5. THE CHILD DEVELOPMENT OFFICER, BLOCK PAKRIBARAWAN, DISTRICT-NAWADAH --------------------- RESPONDENTS ----------- 2 13-11-2009 Heard the learned counsel for the petitioner and the State. The petitioner was a Anganbari Sahayika. A show cause notice was issued to her on 20.11.2006 setting out inter alia that during inspection she was found absent and the welfare scheme is not being executed properly . The petitioner replied to the same on 29.11.2006, whereafter the District Magistrate passed the impugned order dated 21.2.2007, which has been affirmed in appeal by the Commissioner on 3rd August,2007. The learned counsel for the petitioner sought to persuade to this Court that the Mukhiya of the village has certified in favour of the petitioner that her discharge of duty was satisfactory. It was additionally urged that the petitioner had not absented for fifteen days as required under Rule 9 of the guidelines for appointment and service of Anganbari Sevika . This Court today in C.W.J.C.No. 14454 of 2009 has already held placing reliance on 2004(2) PLJR 833 that the instructions - 2 - regulating appointment and termination of Angarbari Sevika are not statutory in nature .The Division Bench has already held that they were not government servants and being contractual appointees , it was the privilege of the Government to decide their utility efficiency based on its need for dissemination of its welfare schemes. The only requirement was of the compliance with natural justice by issuance of a show cause notice and reply thereto. In the case before the Division Bench also, the allegations were of being absent from duty and not discharging the duties properly, for which they were engaged and termination was done after giving show cause notice and reply thereto. The application is dismissed. NKS/- ( Navin Sinha, J)