Radha Devi vs State Of H.P. And Others

Bipin Chander Negi, J

The present petition has been filed seeking the following reliefs:-

i) A writ in the nature of certiorari may kindly be issued for quashing order dated 8.1.2015 passed by the Ld. Divisional 8.1.2015 passed by the Ld. Divisional Commissioner, Shimla Division in appeal No.109/2011, whereby the appeal filed by the Petitioner has been dismissed.

ii) A writ in the nature of mandamus may kindly be issued directing the respondents to allow the petitioner to work as Anganwari Helper in Anganwari Centre, as in Anganwari Centre, Dhawari, Tehsil Renuka Ji, District Sirmaur (H.P.).

Brief facts giving rise to the case at hand are that the present petitioner had been appointed as an Anganwari Helper in Anganwari Centre, Dhawari, Block Sangrah. The said appointment was assailed by the present respondent No.2 by instituting an appropriate appeal dated 19.8.2007 bearing Case No.17/4 of 2007. In the said appeal so filed, two issues were raked up by the present respondent No.2, whereby the appointment of the present petitioner had been assailed, namely that the petitioner did not belong to the feeder area of Anganwari Centre Dhawari to which an appointment had been made and that the income certificate of the petitioner was stated to be false and illegal.

On the basis of the reports furnished by the concerned Gram Panchayat and the CDPO Sangrah, the appellate authority i.e. Additional Deputy Commissioner, District Sirmaur quashed the appointment of the present petitioner on both accounts, namely that the petitioner did not belong to the feeder area of Anganwari Centre Dhawari and her income certificate, stated to be Rs.11,000/- per annum issued by the Executive Magistrate, Renukaji, was held to be based on an incorrect report. The said findings with respect to the income certificate were based on findings returned by the Sub Divisional Officer (Civil-cum-SDM), Nahan qua the income certificate.

The aforesaid judgment dated 6.1.2011 was assailed before the Divisional Commissioner vide appeal bearing No.109/2011. The same was instituted on 27.6.2011. The appeal was dismissed vide impugned judgment dated 8.1.2015 (Annexure P-8).

Insofar as the income certificate in the case at hand is concerned, the same has been placed on record (Annexure P-2). The same was issued by the Executive Magistrate, Renukaji wherein the income of the petitioner has been stated to be Rs.11,000/- per annum.

In this respect, suffice it to state that the Sub Divisional Officer (Civil)-cum-SDM, Nahan had got the matter with respect to the income of the present petitioner inquired into from the Naib Tehsildar Sangrah. As per the report of the Naib Tehsildar, it was ascertained that the family of the petitioner owned land in two villages, namely Barag and Lawali. The income derived from the aforesaid lands was to the tune of Rs.6,700/- and Rs.22,375/- respectively. As such, the total income per annum was worked out at Rs.29,075/-, which was higher than the prescribed limit of Rs.12,000/- per annum for eligibility to the post of Anganwari Helper. On the basis of the same, the SDO (Civil)- cum-SDM, Nahan had concluded that her income certificate i.e. Annexure P-2 appended alongwith the present petition filed by the present petitioner was incorrect.

Learned counsel appearing on behalf of the petitioner fairly submits that the said findings so returned have never been assailed. In view thereof, the concurrent findings of the courts below with respect to the income certificate call for no interference.

Insofar as the ground pertaining to the petitioner not belonging to the feeder area of Anganwari Centre Dhawari is concerned, at the very outset suffice it to state that in the present petition an affidavit in support of the petition has been filed by the present petitioner wherein the petitioner has been shown as resident of Village Tipri. Other than the aforesaid, relevance of the feeder category is deducible from the eligibility criteria clause 4 of the Scheme/Guidelines for engagement of Anganwari Workers (Annexure P-5).

As per clause 4 of the aforesaid guidelines, only such female candidates are eligible to apply for the post of Anganwari Helper who are normally residents of the village where the Anganwari Centre is located or belong to the feeder village/ward of the Anganwari area. Both the authorities, while dealing with the issue of feeder area of the concerned Anganwari Centre, have placed reliance on the report of the CDPO Sangrah dated 23.11.2009. As per the report of the CDPO Sangrah, Gram Panchayat Ghanog has six Anganwari Centres, namely Dhawari, Ghanog, Koida, Lawali, Nerbaga and Barag.

Insofar as Anganwari Centre Dhawari is concerned, as per the report of the CDPO only Village Dhawari falls under the feeder area. Village Tipri, to which the present petitioner belongs, falls within the feeder area of Anganwari Centre Lawali. Besides Village Tipri, Village Lawali and Dharla are the feeder areas for Anganwari Centre Lawali. A specific finding in this respect has been returned by the Divisional Commissioner, Shimla in the impugned judgment dated 08.01.2015 (Annexure P-8) that insofar as the present petitioner is concerned, her family came under the survey register of Anganwari Centre Lawali and it is only after the appointment that the same was shifted to the survey register of Anganwari Centre Dhawari.

In view of the concurrent findings returned in my considered view, there arises no occasion to interfere in the impugned judgment, therefore, the present petition, being devoid of any merit, is dismissed. Pending application(s), if any, also stand disposed of.