This case was a clubbed petition filled by Priyanka Kumari Wife of Shri Prakash Kumar Singh Resident of Village and Post Office- Kumhaila, Police Station- Charpokhari, District- Bhojpur at Ara and one other against the State of Bihar. The Judgment in Priyanka Kumari Vs. The State of Bihar (Citation : CWJC No.1742 of 2021) was delivered by HONOURABLE MR. JUSTICE P. B. BAJANTHR.
FACTS OF THE CASE:
This application was filled before the Court for issuing the direction to the concerned respondents authorities to take action on the representation dated 22.05.2020 of the petitioner and set aside the order of selection and appointment letter issued in favour of the private Respondent issued by the concerned Respondent dated 04.07.2020 violating the order dated 30.01.2019 of the District Officer, Bhojpur, during the pendency of the C.W.J.C. No. 7388 of 2019. (B) To set aside the order vide Memo No. 161 dated 04.07.2020 of office of the Respondent. Further the petitioner also wants the Court to appoint the petitioner in place of the private Respondent being bonafide on the basis of merit list stand at Serial No. 1, above the private Respondent . Further the Petitioner also wants due punishment and action against the concerned Respondent for violating the order of the superior officer, i.e. District Officer, Bhojpur.
In the light of these facts and arguments of the parties, the Court set aside the order of the District Magistrate dated 30.01.2019 and the petition (CWJC No. 7388 of 2019) filed by petitioner Reena Kumari was allowed. Further the court ordered the concerned respondent to reinstate the petitioner Reena Kumari into service within a period of two weeks from the date of receipt of this order and also she is entitled to all monetary benefits which will be calculated from the date of displacing her from the post of Anganwari Sevika till her reinstatement. In the light of the order passed in CWJC No. 7388 of 2019, CWJC No. 1742 of 2021 do not survive for consideration. At this stage, learned State counsel submitted that pursuant to the District Magistrate order dated 30.01.2019, the official respondent must have proceeded with the fresh advertisement in filling up of the post of Anganwari Sevika in the aforesaid Ward. If it is so, the competent authority is hereby directed to undertake necessary proceeding in issuing notice to the newly selected and appointed candidate relating to the present judicial pronouncement. On receipt of such persons’ explanation proceed to terminate her services in accordance with law within a period of two months from the date of the judgement.
JUDGEMENT REVIEWED BY AKANKSHA