Research › Search › Judgment

Himachal Pradesh High Court · body

2012 DIGILAW 656 (HP)

Anjana Kumari v. State of Himachal Pradesh

2012-10-03

DEEPAK GUPTA, RAJIV SHARMA

body2012
Judgment Rajiv Sharma, Judge: 1. Petitioner was appointed as Anganwari Worker in Anganwari Centre, Kaptiyal, Tehsil Nurpur, District Kangra, H.P. on 14.08.2007. The appointment of the petitioner was challenged by respondent No. 4 before the Additional District Magistrate, Kangra at Dharamshala, H.P., on the ground that she had separated from the joint family on 15.07.2005. The Additional District Magistrate, Kangra at Dharamshala, H.P. decided the matter on 17.11.2009. The petitioner preferred an appeal before the Divisional Commissioner, Kangra Division at Dharamshala against the order dated 17.11.2009. The same was dismissed on 06.03.2010. Petitioner approached this Court by way of C.W.P. No. 1243 of 2010 in order to assail the order, dated 06.03.2010. The matter was remanded back to the Additional District Magistrate, Kangra at Dharamshala with a direction to decide the matter afresh in the light of guidelines provided in the judgment. The Additional District Magistrate, Kangra at Dharamshala entrusted the matter to the Tehsildar, Nurpur, District Kangra on 30.12.2010. The Tehsildar, Nurpur, District Kangra cancelled the income certificate on 28.06.2011. The petitioner preferred an appeal before the Sub Divisional Officer (Civil), Nurpur, District Kangra, H.P. against the order dated 28.06.2011. He also dismissed the same on 26.12.2011. 2. On 11.04.2012, the Court has directed the respondents No. 1 to 3 to file an affidavit, indicating the income of the petitioner one year prior to the selection, within four weeks. In sequel to the directions issued by this Court vide order, dated 11.04.2012, followed by subsequent orders, the affidavit stands filed by the Tehsildar, Nurpur, District Kangra, H.P. According to the contents of the affidavit, the Tehsildar has inspected the record of the Panchayat on 15.06.2012. She has also recorded the statements of both the parties, including the Pradhan and Ward Member. These statements are on the record. The petitioner has admitted in her statement that her father-in- law, Sh. Rattan Chand, was working as Beldar in Himachal Pradesh Public Works Department and they were living in joint family on 01.01.2004. The separation took place on 15.07.2005. The statement of the petitioner has been corroborated by Shri Jaram Singh, Pradhan, Gram Panchayat, Madoli. According to him also, the father-in-law of the petitioner was working as Beldar in Himachal Pradesh Public Works Department. The separation took place on 15.07.2005. The statement of the petitioner has been corroborated by Shri Jaram Singh, Pradhan, Gram Panchayat, Madoli. According to him also, the father-in-law of the petitioner was working as Beldar in Himachal Pradesh Public Works Department. According to the contents of the affidavit filed by the Tehsildar, Nurpur, District Kangra, H.P., the income of the petitioner was more than `6,000/- per annum, though in earlier certificate, 03.05.2007, Annexure P-4, her income was shown to be `6,000/- per annum. The order, dated 28.06.2011, passed by the Tehsildar, Nurpur, District Kangra, H.P., whereby he has cancelled the income certificate of the petitioner, dated 03.05.2007 and the order, dated 26.12.2011, passed by the Sub Divisional Officer (Civil), Nurpur, District Kangra, H.P., are speaking orders. The entire record has been perused by these authorities while passing the orders. 3. Accordingly, in view of the observations and discussions made hereinabove, there is no merit in this petition and the same is dismissed, so also the pending application(s), if any. No costs.