VIJAY KUMARI Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER was appointed as Anganwadi Worker in the year 2007, on the basis of Certificate of Income, Annexure P -2, which bears No. 215/M.C., dated 13.6.2007, issued by Executive Magistrate, Jawalamukhi. Persons, whose family income is below Rs.12,000/ - per annum, are eligible for appointment as Anganwadi Workers. Appointment of the petitioner was challenged by one Anita Kumari on the ground that income of the family, to which she belonged, was more than Rs.12,000/ -. Plea of said Anita Kumari was accepted by the Additional District Magistrate, before whom appeal had been filed and appointment of the present petitioner was revoked. Petitioner unsuccessfully approached the higher authorities. Thereafter, she filed a writ petition, challenging the revocation of her appointment. That petition came to be decided by this Court, alongwith other petitions, pertaining to similar disputes, vide judgment dated May 17, 2010. This Court held that so long as the Income Certificates, issued by the competent authorities, had not been cancelled, same were required to be treated as valid ones and, therefore, revocations of appointments of Anganwadi Workers, by holding that the income of their families were higher than Rs.12,000/ - per annum, were not justifiable. This Court observed that the competent authority, after holding inquiry and associating affected parties in those inquiries, could review the income certificates.

(2.) PURSUANT to the aforesaid judgment, inquiry was conducted by the Assistant Collector, 1st Grade -cum -Tehsildar, Jawalamukhi, with regard to income of the family of the petitioner, as also that of the Anita Kumari, who had challenged her appointment. After holding inquiry, Certificates of Income, issued in favour of the petitioner, copy Annexure P -2, and the one in favour of said Anita Kumari, were cancelled. Inquiry reports were submitted to the Additional District Magistrate, who passed order, Annexure P -10 and set aside the appointment of the petitioner. Thereafter, formal order of termination of services of the petitioner, was issued, copy of which is Annexure P -11. This order is dated 26.3.2011. Petitioner has challenged this order, Annexure P -11 as also order Annexure P -10 of Additional District Magistrate, by means of the present petition. Also, the petitioner has challenged the selection and appointment of respondent No. 5, Smt. Jeevna Kumari, who has been appointed against the post, to which the petitioner was initially appointed.

(3.) RESPONDENTS , in their reply, have stated that Tehsildar -cum -Assistant Collector, 1st Grade, conducted inquiry and on such inquiry found that the income of the family of the petitioner, as also the family of Anita Kumari, was more than Rs.12,000/ - per annum and consequently, their Income Certificates were cancelled and respondent No. 5, who was one of the candidates and whose family 'sincome was less than Rs.12000/ -, was given appointment.