Patna High Court
Asha KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court directed the petitioner to pursue her representation before the District Programme Officer and disposed of the writ petition.
Summary
The petitioner, Asha Kumari, filed a writ petition seeking payment of her due salary from 2018 to date and the disposal of a representation dated 15‑10‑2025. She also requested permission to withdraw the writ and approach the appropriate administrative forum under the Anganwadi Sevika/Sahayika Margdarshika, 2018. The Court, after hearing counsel, directed the petitioner to file her representation before the District Programme Officer, Biharsharif, Nalanda, and ordered that the officer decide the matter within 90 days on receipt of the order. The Court held that the appropriate remedy lies in the administrative mechanism rather than the writ jurisdiction. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court can entertain a writ petition for payment of due salary of an Anganwadi worker.
- Whether the petitioner should be directed to pursue the administrative remedy under the Anganwadi Sevika/Sahayika Margdarshika, 2018 before approaching the court.
Subjects
- salary dues
- Anganwadi worker
- writ petition
- administrative remedy
- jurisdiction
- representation
- disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1904 of 2026
======================================================
Asha Kumari W/o Late Arbind Chaudhary, R/V Hansepur, Kanhaiyaganj, PO
and PS Ekangarsarai, Distt Nalanda, Distt Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Commissioner Patna Division, Patna.
2. The Commissioner, Patna Division, Patna.
3. The District Magistrate, Nalanda, Nalanda at Biharsharif.
4. The District Programme Officer, Biharsharif, Dist Nalanda.
5. The Child Development Programme Officer (C.D.P.O), Hilsa, Dist Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Ranjan Sinha, Advocate
Mr. Sama Kumari, Advocate
Mr. Dhananjay Kumar, Advocate
Mr. Srishti Kumari, Advocate
For the Respondent/s : Mr. M. Haque, Government Pleader (12)
Mr. Pranoy Kumar, AC to G.P.-12
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 05-02-2026 Heard Learned Counsel for the petitioner and learned
Counsel for the State.
2. Learned Counsel for the petitioner submits that the
present writ petition has been filed for a direction to the
respondents concerned to pay all the due salary from 2018 till
date. Further prayer is to direct the respondent concerned to
dispose of her representation dated 15.10.2025 forthwith.
3. After some argument, learned Counsel for the
petitioner seeks permission to withdraw the present writ petition
Patna High Court CWJC No.1904 of 2026(2) dt.05-02-2026
2/2
with liberty to move before the appropriate forum under the
Anganwari Sevika/Sahayika Margdarshika, 2018.
4. In that view of the matter, the petitioner is directed
to file representation before respondent No.4, the District
Programme Officer, Biharsharif, Nalanda, and respondent No.4,
the District Programme Officer, Biharsharif, Nalanda, upon
receiving the representation along with a copy of this order,
shall pass order based on evidence and hearing both the parties,
if in the meantime right accrue, within 90 days from the date of
receipt/production of a copy of this order before him.
5. With this direction, the writ petition stands disposed
off.
(Dr. Anshuman, J)
Mkr./-
U
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