IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 1040 of 2008. Date of decision: 10.5.2010. Smt. Satya Devi …..Petitioner. Vs. State of H.P. & ors. …. Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. O.P.Sharma, Sr. Advocate with Mr. K.R. Kashyap, Advocate. For the Respondents : Mr. P.K. Sharma, Additional Advocate General with Mrs. Subh Mahajan, Dy. Advocate General, for respondents No. 1 & 2. Mr. V.D.Khidtta & Mr. Sanjeev Mankotia, Advocates, for respondent No. 3. Kuldip Singh, Judge (Oral). The petitioner has prayed for quashing of Annexure P-3 order dated 1.4.2008 passed by Deputy Commissioner, Shimla and Annexure P-6 order dated 24.6.2008 passed by Divisional Commissioner, Shimla Division, Shimla affirming the order dated 1.4.2008. 2. The facts in brief are that Krishna Devi had filed an appeal before the Deputy Commissioner, Shimla against the selection of petitioner as Anganwari Worker in Anganwari Centre, Swala under ICDS scheme. The appeal of respondent No. 3 was accepted by the Deputy Commissioner on 1.4.2008 on the ground that certificate of Whether the reporters of the local papers may be allowed to see the Judgment? …2… income filed by the petitioner is wrong. In fact, the income of the family of the petitioner is Rs.44,000/- per annum as per the report of Tehsildar in stead of Rs.8900/- per annum as mentioned in the certificate dated 13.6.2007 Annexure P-2/A. The Deputy Commissioner, Shimla has held that the appointment of petitioner was not fair as per the guidelines of ICDS scheme, therefore, he cancelled the appointment of the petitioner as Anganwri Worker on 1.4.2008. The petitioner assailed the order dated 1.4.2008 before the Divisional Commissioner, who also upheld the order dated 1.4.2008 passed by the Deputy Commissioner and dismissed the appeal. 3. In the writ petition, the learned Senior counsel appearing on behalf of the petitioner has assailed the order of the Deputy Commissioner as well as the Divisional Commissioner on two grounds: (i) that the petitioner was not associated by the Tehsildar when he gave the report that the income of the petitioner is Rs.44000/- per annum and (ii) that the petitioner was separated from the joint family in 2004 as recorded in Annexure P-2 and this fact has not been taken into consideration by the Tehsildar as well as the authorities below while considering the income of the petitioner. 4. In so far as the first submission of the learned Senior counsel is concerned, it has no merit inasmuch as the Director, Social Justice & Empowerment has filed supplementary affidavit dated 23.2.2010, wherein it has been specifically stated that parties were given opportunity of being heard at the time of enquiry. In these circumstances, it cannot be said that petitioner was not afforded an opportunity of being heard by the Tehsildar when he assessed the …3… annual income of the family of the petitioner. The second ground which the learned Senior counsel has relied is that petitioner had separated from the joint family in the year 2004 and for that purpose he has relied on Annexure P-2. The perusal of Annexure P-2 indicates that there is a note on Annexure P-2 suggesting that as per Panchayat record, the applicant had separated in the year 2004. But applicant mentioned in Annexure P-2 has not been connected with petitioner. There is no material on record to show that petitioner had separated from the joint family in the year 2004. The Annexure P-2 does not establish the separation of petitioner from joint family in the year 2004. 5. The two authorities below have recorded a concurrent finding of fact that income of the family of the petitioner at the time of selection was Rs.44000/- per annum as reported by the Tehsildar and the selection of the petitioner was in violation of ICDS Scheme. In these circumstances, there is no merit in the petition, which is accordingly dismissed. 6. Interim order dated 9.7.2008 passed in CMP No. 1598 of 2008 is vacated and application stands dismissed in view of the order passed in the main petition. May 10, 2010. ( Kuldip Singh ), (Hem) Judge.