RITA DEVI Vs. STATE OF H P

JUDGEMENT

(1.) THIS case pertains to various disputes pertaining to the appointment of Anganwari Worker. We have already considered various issues referred to in this case in our judgement dated 17.5.2010 in CWP No. 1096 of 2010 and connected cases, the text of judgement reads as follows:-

(2.) IT is not in dispute that the Anganwadi Workers/Helpers, in these cases, were appointed on the basis of a valid Income Certificate, issued by a competent authority, at the relevant time. But, it appears, owing to dispute on the income, the Appellate Authority in these cases, has looked into the matters, has conducted an independent inquiry and has come out with a version that the calculation of income by the authority, who issued the certificate, is not proper. IT has also been held by the said Appellate Authority that the income is beyond the limit, prescribed for the eligibility for the appointment.

(3.) IN case the authority is of the view that the income certificate issued to any Anganwadi Workers /Helpers in these cases, is not based on proper computation of income, it will be open to the competent authority to take steps to cancel the same. But it is made clear that such cancellation shall only be, after affording an opportunity for hearing to the incumbent concerned. So long as the cancellation is not made by the competent authority in accordance with law, and procedure for cancellation and in case notice is not given to the affected party in the enquiry, the incumbent concerned shall not be deprived of their posts, to which they were appointed, based on the income certificates, they produced at the relevant time.