GAYATRI DEVI Vs. STATE OF H P

JUDGEMENT

(1.) THIS case pertains to various disputes pertaining to the appointment of Anganwari Helper. 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:- "These cases pertain to the issue regarding cancellation of appointment of the petitioners to the post of Anganwadi Workers/Helpers. In majority of the cases, appointments have been cancelled on the ground that the income of the family of the appointees was much more than the upper limit fixed in the eligibility criteria and the certificates of income were not correct. We proceed to deal with this type of cases separately in the first part of this order. Rest of the cases involving different issues are being dealt with in the second part.

(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.) LEARNED Senior Additional Advocate General submits that the Anganwadi Workers/Helpers, in these cases, had made an attempt to steal an appointment, based on false certificates of income. Even assuming so, the competent authority should have first taken steps to cancel such certificates, based on which the appointments were made. So long as the same having not been done, we find force in the submission made by the learned counsel for the petitioners that there is an irregularity, if not illegality, in the process of cancellation of appointment.