RAMA SHARMA Vs. STATE OF H. P.

JUDGEMENT

(1.) By way of this Petition, petitioner has prayed for following reliefs:-

(2.) Brief facts necessary for the adjudication of the present petition are that the private respondent (Sushila Devi) was initially appointed as Anganwari Helper in Anganwari Centre Hambot, Tehsil Ghumarwin, District Bilaspur, H.P., in March/April, 2013. Her appointment was challenged by present petitioner under Clause 12 of the Guidelines framed by the respondent/ State for engagement as Anganwari Helper/ Anganwari Worker, before the Appellate Authority. Vide order dated 27.05.2013 (Annexure P-1), Additional District Magistrate, Bilaspur, District Bilaspur, H.P. allowed the appeal by holding that income of the selected candidate was in excess of the maximum criteria contained in the Rules. The Appellate Authority further ordered the appointment of petitioner in place of the selected candidate within 45 days of the order. An appeal filed against the said order by Sushila Devi was dismissed by the Appellate Authority i.e. Deputy Commissioner, Bilaspur, H.P., vide order dated 20.12.2013 (Annexure P-2). CWP No.4406 of 2014 filed by her was dismissed as withdrawn vide order dated 07.10.2014 (Annexure P-3). Petitioner was offered engagement as an Anganwari Helper in place of the selected candidate i.e. private respondent herein.

(3.) Sushila Devi, thereafter, challenged the veracity of the Income Certificate of present petitioner by initiating proceedings before Naib Tehsildar, Sub-Tehsil, Bharari, District Bilaspur, H.P. Vide order dated 04.07.2013 (Annexure P-4), the Income Certificate, on the strength of which, petitioner was offered appointment, was held to be bad in law.