LAWS(HPH)-2013-11-65

HEM LATA Vs. DIVISIONAL COMMISSIONER, MANDI AND OTHERS

Decided On November 20, 2013
HEM LATA Appellant
V/S
Divisional Commissioner, Mandi And Others Respondents

JUDGEMENT

(1.) PETITIONER Ms. Hem Lata was appointed as an Anganwari worker in Anganwari Centre, Sakroha (Bhanda) on 13.8.2007. Her appointment was challenged on 30.8.2008 by Ms. Reeta Devi (private respondent No. 3 herein). Without adverting to past litigation inter se the private parties, which we find is not of much consequence, we straightway refer to passing of the impugned order dated 26.2.2013 (Annexure P -6), by the Deputy Commissioner Mandi, District Mandi, in File No. 36/2013, titled as Smt. Rita Devi versus Smt. Hem Lata, as affirmed by the Divisional Commissioner, Mandi, in terms of order dated 12.11.2013 (Annexure P -7), in case titled as Smt. Reeta Devi versus Smt. Hem Lata and others, whereby petitioner's appointment as an Anganwari Worker stands cancelled, on the ground that her income was determined to be Rs. 89,220/ - in the year 2007, the year of her appointment.

(2.) UNDISPUTEDLY , the income prescribed under the Rules has to be less than the income found to be that of the present petitioner.

(3.) THAT apart, we find that both the authorities below have found the income of the present petitioner to be more than the prescribed permissible limit. This is based on an enquiry conducted by a competent authority. Petitioner's husband, undisputedly, owns a tractor, which though may have been purchased on loan, but then it cannot be said that petitioner hails from a family which is so economically backward or deprivated, making her eligible for appointment as an Anganwari Worker.