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2012 DIGILAW 981 (HP)

Narveda Devi v. State of H. P.

2012-12-17

DEEPAK GUPTA, KULDIP SINGH

body2012
JUDGMENT Per Deepak Gupta, J 1. By means of this writ petition, the petitioner has challenged the order of the Sub Divisional Officer (Civil), Sundernagar dated 30.7.2012, whereby he not only dismissed the appeal filed by the present petitioner, but also held that the income certificate issued in her favour on 19.5.2007 be cancelled and new certificate be issued showing her family income as Rs.9,300/- per month. The petitioner, by means of this writ petition, has prayed for the following two reliefs:- “i) That the order dated 30.7.2012 (Annexure P-3) passed by the respondent No.5 so far pertaining to cancellation of income certificate of the petitioner is concerned, may kindly be quashed and set aside. ii) That in view of the order dated 30.7.2012 pertaining to respondent No.4 whereby her income has been found more than the prescribed limit of income, the respondents may kindly be directed to terminate the services of respondent No.4 forthwith.” 2. As far as the second relief is concerned, the same cannot be granted to the petitioner since it has been found that the income of the family of private respondent No.4 even after reassessment is less than Rs.12,000/- per annum and therefore, her appointment cannot be faulted with. It has been strenuously urged that the husband of respondent No.4 is running a TV repair shop and his income cannot be Rs.500/- per month. This is a finding of fact which we cannot interfere with in writ proceedings. 3. As far as the first prayer is concerned, the assessment of Rs.9,300/- per month will be for the year 2007 and cannot be for the present year. In case the petitioner applies for fresh income certificate, the same shall be granted to her after considering the actual income as on date. In case it is found that her husband and mother-in-law who were getting pension are now dead, then obviously that amount cannot be taken into consideration. 4. Therefore, the petition is rejected. However, a direction is given to the respondents that in case the petitioner applies for grant of fresh income certificate then the same shall be granted to her after taking into consideration the present income of the petitioner and her family.