CWP No. 1802/08 29.9. 2008 Present: Mr. B.C. Verma, counsel for the petitioner. Mr. R.K. Bawa, Advocate General with Mr. J.K.Verma, Dy. Advocate General, for respondents No. 1 to 5. CMP No. 2558 of 2008. Allowed. CWP No. 1802 of 2008 This petition is directed against the order of Divisional Commissioner, Shimla in Misc. Appeal No. 114/2008, wherein he has rejected the appeal filed by the petitioner. Briefly stated the facts are that petitioner was appointed as Aganwari Worker at village Dansa, Tehsil Rampur Bushahr, District Shimla. Her appointment was challenged by respondent No. 6 Smt. Suni Devi. The Deputy Commissioner, Shimla after hearing both the parties, called for the report of Tehsildar Rampur with regard to the income of the petitioner, since the main ground raised by Smt. Suni Devi is that income of the petitioner’s family was more than the prescribed limit. Relying upon the report of the Tehsildar, Rampur, the learned Deputy Commissioner came to the conclusion that income of the family of the petitioner was more than the prescribed limit, and, therefore, set-aside her appointment. This order has been upheld in appeal. The main ground of challenge is that the petitioner had separated from her family in 2002. The Divisional Commissioner has come to finding of fact that in the record of Gram Panchayat, the family was shown to be joint till 18.2.2007 when separation was recorded. The scheme provides that separation of the family should be as per Panchayati Raj Act and Rules and the cut off date is 1.1.2004. Admittedly, in the present case, the separation as per the Panchayati Raj Act was done after 1.1.2004. Therefore, we find no merit in the writ petition and the same is accordingly dismissed. The pending applications are disposed of as being infructuous. ( Deepak Gupta ), Judge. September 29, 2008. ( Kuldip Singh ), (Hem) Judge.