SOMAWATI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE Petitioner, who was appointed as Anganwadi Worker on 12.8.2007, is aggrieved by the order dated 30.5.2008 passed by the Divisional Commissioner dismissing his appeal.

(2.) THE Petitioner was selected and appointed as Anganwari Worker in Anganwadi Centre, Rallui. Respondent No. 5 who had applied for the said post challenged the selection of the Petitioner on the ground that the Petitioner had not separated from the family of her in -laws prior to 1.1.2004 and therefore if the income of her father -in -law was taken into consideration the total family income is more than Rs. 12,000/ - per annum. It was proved that Sh. Ravi Ram, father -in -law of the Petitioner, was drawing a monthly salary of Rs. 6266/ - and it was found by the Deputy Commissioner that the Petitioner had got her family separated from her in -laws only on 1.1.2004 and therefore her selection was set -aside by the Deputy Commissioner, Kullu vide his order dated

(3.) IN my view, these observations do not help the Petitioner since the Division Bench has clearly held that the purpose of division of family is only to ascertain the total income. Now when there is no record to show that the family had separated prior to 1.1.2004 then the income of all the members has to be taken into consideration for computing the income. If the salary of the father -in - law of the Petitioner is taken into consideration which is more than Rs. 6500/ -per month, the total family income exceeds the maximum limit manifold.