ORAL JUDGMENT

Date : 08-07-2024 Heard Mr. Santosh Kumar Singh, learned counsel appearing on behalf of the petitioner; Mr. Mr. Bijoy Kr. Sinha, learned AC to AAG V for the State and Mr. Binod Murari Mishra, learned counsel for respondent no.11.

2. Petitioner has inter alia prayed for following reliefs in the paragraph No.1 of the writ petition:- “That this application is being filed for quashing of the order passed by Deputy Director, Welfare, Patna Division, Patna contained in Memo No.789 dated

05.09.2014 whereunder and whereby the selection of the petitioner to the post of Anganwari Sevika at Centre No.115 situated in Ward No.24 of Sasaram Nagar Parishad has been cancelled without providing any opportunity of being heard to the petitioner as also and without considering the fact that the case of respondent no.11 Munni Devi has already been finally dismissed by this Hon’ble Court vide order dated 16.09.2010 passed in CWJC No.12645 of 2005 which was affirmed by the Division Bench of this Hon’ble Court vide order dated 26.07.2011 passed in LPA No.1043 / 2011 as well as yet another writ application filed by respondent no.11 bearing CWJC No.567/2013 which was dismissed on 11.01.2013. Further for a direction upon the respondents to reinstate the petitioner on the post of Anganwari Sevika at Centre No.115 situated in Ward No.24 in Sasaram Municipality alongwith entire consequential benefits.”

3.The facts in brief giving rise to the present writ petition are that in the year 2004, under the direction of ICDS Directorate an advertisement was issued for selection to the post of Anganwari Sevika and Sahayika relating to Centre No.115, Mandai Ward No.24 and new Ward No.30, P.S. Sasaram. The selection process had completed on 23.08.2004 in the general meeting, in which concerned Ward Commissioner did not preside over the selection committee and the same was presided over by the former ward commissioner but after making selection, no order was issued for a long time. The then Child Development Project Officer was under the order of transfer. The new officer joined on 1 st November 2004. A few days before the new officer took charge of the post, the selection letter was issued to the respondent no.11 on 20th October 2004. The new officer, having joined on 1st November 2004, having noticed the illegality committed by the outgoing Child Development Project Officer, the same was reported to the District Programme Officer. The Ward Commissioner also made a complaint in respect of the selection of the respondent no.11. In view of the said illegality committed in selection made on 23rd August 2004, a fresh selection was made in Aam Sabha in presence of the Ward Commissioner and the District Programme Officer on 23.05.2005. After following the due process, the said Aam Sabha unanimously selected the petitioner and vide letter no.189 dated 28.10.2005 under the signature of C.D.P.O. Sasaram, petitioner was granted selection letter and the same was challenged before this Court by respondent no.11 by filing CWJC No.12645 of 2005. The writ petition was dismissed vide order dated 16.09.2010, considering the fact that the Ward Commissioner being the part of the selection process was not present and as such the earlier selection process was rightly cancelled. Aggrieved by the order passed by this Court dated 16.09.2010, respondent no.11 (hereof/Munni Devi) had preferred LPA No.1043 of 2011. After considering the fact of the case and the manner in which the Aam Sabha dated 23.08.2004 by which the present petitioner was selected, the Division Bench found not to interfere with the order dated 16.09.2010 passed by the learned Single Judge, as by the time, the fresh selection process was held on 23.05.2005 and the said information was taken note of by the learned Single Judge in its order dated 16.09.2010 and the writ petition was dismissed after hearing the respondent no.11, who was the petitioner of the said writ petition. Aggrieved by the selection of the p