Raj Kumari vs State of Himachal Pradesh and Others

Justice Kurian Joseph, C.J.—The issue raised in this writ petition pertains to the appointment of Anganwari worker. A similar issue was considered by this Court in the common judgment in CWP No. 1096 of 2010 and connected matters, decided on 17-5-2010. The relevant text of the judgment reads as follows: 6. There will be a direction to the appellate authority in these cases, to take appropriate steps in the cases where a dispute on income is involved, to get the same duly processed by the competent authority, in the matter of cancellation. Necessary steps in that regard will be taken and action finalized within a period of four months from the date of production of this judgment to the competent authority. That competent authority will also afford an opportunity to the affected party to participate in that proceedings. Subject to the outcome of the action thus taken by the competent authority, on the income certificate already issued to the incumbent, the appellate authority will take appropriate action within two months. ... We may make it clear that the inquiry will be on the basis of the Policy/Guidelines as existed at the time of appointment.

Therefore, the impugned orders are set-aside, the matter is remitted to the Deputy Commissioner, Kangra, who shall consider the matter afresh in accordance with the judgment, as extracted above after affording an opportunity for hearing to the petitioner and the 5th respondent. Needful orders, as above shall be passed within a period of four months from the date of receipt of this judgment. The writ petition is disposed of, so also the pending application (s), if any.