Nageshwari Devi vs State of HP and Others

Deepak Gupta, J.—This appeal is directed against the judgment dated 8.1.2009 of a learned Single Judge of this Court whereby he allowed the writ petition filed by respondent No. 7 Kanchan Kumari, set aside the appointment of present appellant Nageshwari Devi as Anganwari Worker and directed the State to offer appointment to Kanchan Kumari. Briefly stated the facts of the case are that both Kanchan Kumar and Nageshwari Devi applied for the post of Anganwari Worker in Anganwari Centre Surahan, Tehsil Padhar, District Mandi, H.P. Kanchan Kumari was offered appointment and joined as such on 16.8.2007. Nageshwari Devi challenged her appointment by filing an appeal before the Deputy Commissioner, Mandi, who accepted the appeal on 7.11.2007. The main ground which weighed with the learned Deputy Commissioner was that the family income of Kanchan Kumari was more than Rs. 12,000/- per annum. The appeal filed Kanchan Kumari was dismissed by the learned Deputy Commissioner and thereafter filed the writ petition in this Court.

When the matter was pending before the learned Single Judge, it was submitted on behalf of petitioner Kanchan Kumari that there was tampering in the certificate issued in favour of Nageshwari Devi and her family income was also not less than Rs. 12,000/- per annum. It was alleged that there was tampering in the Pariwar Register. The learned Single Judge directed as follows:-

"Accordingly, before the matter is heard further the Additional District Magistrate, Mandi is directed to hold an independent inquiry to ascertain the annual income of the petitioner as well as respondent No. 7. The Additional District Magistrate, Mandi will also look into the matter in which the tampering has been done in Annexure R-F/7 (copy of Pariwar Register)."

The Additional District Magistrate, Mandi submitted his inquiry report and as far as Nageshwari Devi is concerned, came to the conclusion that the income of her husband Puran Chand after separation in the year 2006 was only Rs. 8,000/- per annum but held that there is tampering in the copy of Pariwar Register and as per the original Pariwar Register the family had been shown to be separated in the year 2006 but by tampering the year was shown to be 2003.

As far as Kanchan Kumari is concerned, the Additional District Magistrate, Mandi found that her father-in-law had retired as a Senior Assistant from the H.P. Secretariat and was drawing pension of Rs. 56,400/- per annum. The income from land was assessed at Rs. 8,000/- per annum. The learned inquiry officer also found that Kanchan Kumari''s husband was driving a light motor vehicle owned by his mother but now the vehicle had been sold. He came to the conclusion that the total family income if separation is not taken into consideration is Rs. 82,400/- per annum but if separation is taken into consideration then the family income of Kanchan Kumari is also less than Rs. 12,000/- per annum.

From the documents on record, it is obvious that Kanchan Kumari allegedly separated from her father-in-law in the year 2006. As per the policy relating to appointment of Anganwari workers, the separation in the family should have taken place before 1st January, 2004. If the family had not separated prior to 1st January, 2004 then it would be continued to be treated as a unit. This fact probably was not brought to the notice of the learned Single Judge. Therefore, even if the appointment of the present appellant was to be set aside on the ground that she had tampered with the documents no appointment could have been offered to respondent No. 7 since her family income was much more than Rs. 12,000/- per annum. In view of the above discussion, the appeal is partly allowed and the judgment of the learned Single Judge is modified and the appointment of Kanchan Kumari as Anganwari Worker in Anganwari Centre Surahan, Tehsil Padhar, District Mandi is quashed and the State is directed to ensure that fresh selection is made for this post and the process of selection is completed latest by 31st August, 2012. No costs.