Patna High Court

Asha KumariversusThe State of Bihar

Decided: 28 April 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The petitioner must first prefer an appeal under the Anganbari Sevika and Sahayika Guidelines within 30 days, and the writ petition is disposed pending that appeal.

Summary

Asha Kumari, an Anganbari Sevika, was removed from her post by a memo issued by the Child Development Project Officer, Kahalgaon. She filed a writ petition seeking to quash the removal order, continue in her post, and claim salary for the intervening period. The State raised a preliminary objection that she had not first filed an appeal under the specific Guidelines for Anganbari Sevika and Sahayika. The Patna High Court held that the writ petition could not be entertained until the statutory appeal is filed, but granted her liberty to file such an appeal within 30 days and condoned any delay. Consequently, the petition was disposed without granting the relief sought, directing the petitioner to pursue the internal appeal.

Issues considered

Whether a writ petition is maintainable when the applicable Guidelines require the aggrieved employee to first prefer an internal appeal.
Whether the court can condone delay in filing the required appeal under the Guidelines.

Subjects

Anganbari Sevika
writ petition
administrative order
preliminary objection
internal appeal
condonation of delay
Bihar
Child Development Project

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8666 of 2025
                 ======================================================
                 Asha Kumari wife of Gurudev Mandal, resident of village- Devri Maheshpur,
                 Sobhnathpur, P.S. kahalgoan, District-Bhagalpur
                                                                          ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar Through The Secretary, Human Resources and Welfare
                 department, patna.
           2.    The District Magistrate, Bhagalpur.
           3.    The District Programme Officer, District Bhagalpur.
           4.    The Child Development Project Officer, kahalgoan, District-Bhagalpur.
           5.    Smt. Seema Devi wife of Subodh Mandal resident of village-Banshipur
                 panchayat, ward no 14, kahalgoan, P.S.-kahalgoan, District-Bhagalpur.
           6.    The Head master, High School, Budhuchak under p.s.- pirpainty, District-
                 Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Swapnil Kumar Singh, Advocate
                 For the Respondent/s   :      Mr. Standing Counsel (16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   28-04-2026                     Learned counsel for the petitioner and learned

                   counsel for the State are present.

                               2. Learned counsel for the petitioner submits that the

                   present writ petition has been filed for quashing the order

                   contained in Memo No. 396 dated 30.08.2023, passed by the

                   Child    Development       Project    Officer,   Kahalgaon,      District

                   Bhagalpur, in Misc. (Anganbari) Case No. 01/2022–23, whereby

                   the petitioner has been directed to be removed from the post of

                   Anganbari Sevika of Maheshpur Panchayat for Anganbari Centre

                   No. 318, on the basis of the order contained in Memo No. 280

                   dated 21.07.2022 passed in Case No. 27/2020–21. The said order

                   has been communicated to the petitioner through post.
         Patna High Court CWJC No.8666 of 2025(2) dt.28-04-2026
                                                     2/2




                               3. Further, a direction is sought upon the respondents

                   to issue appropriate orders for continuing the petitioner on the

                   post of Anganbari Sevika at Anganbari Centre Devri Maheshpur,

                   Ward No. 14, and to pay the salary for the intervening period.

                   And/or pass such other order(s) as Your Lordships may deem fit

                   and proper in the facts and circumstances of the case.

                               4. Learned counsel for the State has raised a

                   preliminary objection, submitting that the petitioner, without

                   preferring an appeal under the relevant Guidelines framed for

                   Anganbari Sevika and Sahayika, has approached this Hon’ble

                   Court.

                               5. In this background, the present writ petition stands

                   disposed of, granting liberty to the petitioner to prefer an appeal

                   before the appropriate authority within 30 days from today, under

                   the relevant Guidelines framed for Anganbari Sevika and

                   Sahayika, as applicable to the petitioner.

                               6. It is made clear that delay, if any, in filing the appeal

                   shall stand condoned.



                                                                  (Dr. Anshuman, J.)
Aman Kumar/-

U

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