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2007 DIGILAW 1765 (PAT)

Asha Devi And Others v. State Of Bihar

2007-11-13

J.N.SINGH

body2007
Judgment 1. As all these writ applications relate to the appointment of Anganbari Sewika/ Sahaika, they have been heard together and are being disposed of by this common order. 2. In these writ applications, griev- ance of the petitioners is of violation of provisions of the guidelines issued by the State Government from time to time in the matter of consideration, selection and appointment of Anganbari Sewika/Sahaika. Petitioners are aggrieved either by nonconsideration of their cases in terms of the guidelines or cancellation of their appointments in violation of the guidelines or appointment of private respondents in violation of the provisions of the guidelines. 3. Earlier in a batch of cases, the order of which has been reported in 2007(4) PLJR 505 , this Court has noticed the provisions of different guidelines issued by the State Government from time to time. This Court has specifically taken notice of the provisions of the guideline of 2006 which provides efficacious alternative remedy in Clauses 8, 9, 10 and 11 thereof. This Court found that no specific time limit has been laid down in the guidelines for disposal of the complaints by the District Magistrate or disposal of appeal by the Commissioner, and thus, this Court while disposing of the said batch of cases, made following observations and directions: "5. Considering this aspect that at present there is no such time limit, by the order of this Court a time limit is being fixed for disposal of affidavited complaint in the matters of selection/ removal of Anganbari Sewika/Sahaika and appeal against the order of District Magistrate, in all the writ application remedy which is available to the petitioners has not been exhausted. Peti- tioners claim to have filed representation before the Collector of the con- cerned district which has not been disposed of and during the pendency of representations writ applications have been filed. Considering all these aspect as well as necessity of early disposal of such matters, these writ applications are being remitted to the District Magistrate of the concerned districts. The District Magistrate will consider the cases of the petitioners relating to selection/removal or complain relating to the selection procedure. Considering all these aspect as well as necessity of early disposal of such matters, these writ applications are being remitted to the District Magistrate of the concerned districts. The District Magistrate will consider the cases of the petitioners relating to selection/removal or complain relating to the selection procedure. Petitioners are directed to file affidavited objections/complaints before the District Magistrate within eight weeks from the date of this order, as provided under 2006 guideline and the District Magistrate on receipt of such complaints will pass an order observing procedure as provided under Clauses 8, 9 and 10 of 2006 guideline, giving opportunity of hearing to both the parties. A speaking order must be passed by the District Magistrate of the concerned district within four weeks from the date of filing such objection/complaint. Further it is directed that the District Magistrate must communicate such order to the concerned parties through registered post. This direction is applicable in all cases even in cases in which earlier some order was passed by the District Magistrate. The District Magistrates are further directed that they will see that in case some order is passed relating to selection/removal of Anganbari Sewika/Sahaika a fresh selection process must be completed within four weeks from the date of passing such order by the District Magistrate. The Mukhia of the concerned gram panchayat will complete the selection process within four weeks from the date of passing of the order by the District Magistrate, following the procedure as provided under 2006 guidelines. In case appeal is preferred before the Commissioner against the order passed by the District Magistrate, the appeal should also be decided after giving proper opportunity to other parties within one month from the date of filing of such appeal. The Mukhia of the concerned gram panchayat, the District Magistrate and the Commissioner, who is the appellate authority must observe the provision under the guideline and follow the direction in their order. So far time limit is concerned, collective effort of each one is required for making the I.C.D.S. functional and effective." 4. In the result, all these writ applications are disposed of in terms of the observations and directions as quoted above. Time limit fixed by this Court shall operate from the date of receipt/production of a copy of this order.