NIRMLA KUMARI Vs. STATE OF H.P. AND ORS.

JUDGEMENT

(1.) THIS case pertains to various disputes pertaining to the appointment of Anganwari Worker/Helper. We have already considered various issues referred to in this case in our Judgment dated 17.5.2010 in CWP No. 1096 of 2010 and connected cases, the text of Judgment reads as follows:

(2.) IT is not in dispute that the Anganwadi Workers/Helpers, in these cases, were appointed on the basis of a valid Income Certificate, issued by a competent authority, at the relevant time. But, it appears, owing to dispute on the income, the Appellate Authority in these cases, has looked into the matters, has conducted an independent inquiry and has come out with a version that the calculation of income by the authority, who issued the certificate, is not proper. It has also been held by the said Appellate Authority that the income is beyond the limit, prescribed for the eligibility for the appointment.

(3.) LEARNED Senior Additional Advocate General submits that the Anganwadi Workers/Helpers, in these cases, had made an attempt to steal an appointment, based on false certificates of income. Even assuming so, the competent authority should have first taken steps to cancel such certificates, based on which the appointments were made. So long as the same having not been done, we find force in the submission made by the learned Counsel for the petitioners that there is an irregularity, if not illegality, in the process of cancellation of appointment.