IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.: 806 of 2008. Reserved on: 16.10.2008. Decided on: 21.10.2008. Rama Devi … … … Petitioner. Versus State of Himachal Pradesh and Others. … … … Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the petitioner: Mr. Narender Sharma, Advocate. For Respondents No.1 to 4: Mr. Ankush Dass Sood, Additional Advocate General. For Respondent No.5: Mr. R.R. Rahi, Advocate. Rajiv Sharma, Judge: Brief facts necessary for adjudication of this petition are that the petitioner was appointed as Anganwari worker in Anganwari Center, Kuhal, Tehsil Chopal, District Shimla on 13th August, 2007. The appointment of the petitioner was assailed by respondent No.5. The Deputy Commissioner, Shimla set aside the appointment of the petitioner vide order dated 29.11.2007. She preferred an appeal against Whether reporters of local papers may be allowed to see the judgment? No. - 2 - order dated 29.11.2007 before the Divisional Commissioner, Shimla. The learned Divisional Commissioner, Shimla dismissed the appeal on 28.3.2008. The present petition has been filed assailing the order passed by the learned Divisional Commissioner, Shimla dated 28.3.2008. Mr. Narender Sharma has strenuously argued that the orders passed by the Deputy Commissioner, Shimla, dated 29.11.2007 and by the Divisional Commissioner, Shimla on 28.3.2008 are not sustainable in the eyes of law. He then contended that his client was not afforded reasonable opportunity of being heard by the Deputy Commissioner, Shimla while passing the order dated 29.11.2007. He lastly contended that the husband of the petitioner is working in Irrigation and Public Health Department on the basis of the interim orders passed by the learned Himachal Pradesh State Administrative Tribunal dated 13.7.2007 in O.A. bearing No.1614/2007. The learned Additional Advocate General and Mr. R.R. Rahi have supported the orders passed by the authorities below. I have heard the leaned counsel for the parties and perused the record carefully. The appointment to the post of Anganwari worker is regulated under the Scheme framed by the State as per Annexure P-1. Sub-para (d) of para 4 of the Scheme provides as under:- “…. d) From whose family no one is in Government/ Semi Government employment/service. ….” The husband of the petitioner is engaged as an employee in Irrigation and Public Health Department. This fact was got verified by the Deputy Commissioner, Shimla from Tehsildar, Chopal. In all - 3 - fairness, the petitioner ought to have been associated when the inquiry was conducted by the Tehsildar, Chopal. The petitioner was also required to be heard before passing the order dated 29.11.2007. However, it is evident from the order passed by the Divisional Commissioner, Shimla dated 28.3.2008 that it was conceded before him that the husband of the petitioner has been employed in Irrigation and Public Health Department. Since the husband of the petitioner has been employed in Irrigation and Public Health Department, she was not eligible to be considered for the post of Anganwari worker. Mr. Sharma contended that the husband of the petitioner has been in employment on the basis of the interim orders passed by the learned Himachal Pradesh State Administrative Tribunal in O.A. bearing No.1614/2007 dated 13.7.2007. He also contended that the salary of the petitioner’s husband has not been released by the Irrigation and Public Health Department on the basis of order dated 13.7.2007. The fact of the matter is that the petitioner’s husband has been working as an employee in Irrigation and Public Health Department and the fact that his salary has not been released by the Department will not make the petitioner eligible for the post of Anganwari worker. There is neither any jurisdictional error nor any procedural irregularity in the order passed by the learned Divisional Commissioner dated 28.3.2008. This Court would have quashed the order of the Deputy Commissioner, Shimla, dated 29.11.2007 being violative of the principles of natural justice, however, since in the present case, it is admitted fact that the petitioner’s husband is employed in the Irrigation and Public Health Department as gathered from the order of the learned Divisional Commissioner, dated 28.3.2008, no interference is required by this Court. The appointments to the post of Anganwari - 4 - worker/helper are required to be made strictly as per the terms and conditions laid down in the Scheme. It is ordered that in future no order shall be passed by the Deputy Commissioner or the Divisional Commissioner without affording reasonable opportunity of being heard to the parties. In case any inquiry is got conducted by these authorities, the persons who are likely to be affected, are required to be associated in the inquiry process. Consequently, in view of the admitted position that the husband of the petitioner is working as an employee in Irrigation and Public Health Department, the writ petition is dismissed. No costs. October 21, 2008. (Rajiv Sharma) (sck). Judge.