IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 4604/2009 Decided on:9.12.2009 _____________________________________________ Rameshwari. …Petitioner. Versus State of Himachal Pradesh and others. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice R.B. Misra, Acting Chief Justice. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. J.L. Bhardwaj, Advocate. For the Respondents: Mr. R.K. Sharma, Sr. Addl. Advocate General with Mr. Anil Jaswal, Deputy Advocate General for respondents No. 1 to 4. _____________________________________________________ The interviews for the post of Anganwari Worker were held on 18.7.2007. Petitioner and respondent No.5 had applied for the same. Petitioner was selected for the post in question. The appointment of petitioner was assailed by respondent No.5 before the Additional District Magistrate, Solan. He accepted the appeal on 29.6.2009 and the appointment of petitioner was set aside. Petitioner preferred an appeal before the learned Divisional Commissioner. The learned Divisional Commissioner dismissed the appeal on 23.11.2009 and directed the Child Development 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 Project Officer, Arki to hold the de novo selection after taking necessary approval within three months. The appointment of the petitioner was primarily assailed by respondent No.5 on the ground that she was residing in a joint family and it has not separated before 1.1.2004. As per family register, Sh. Rattan Singh is the head of the family. He was working as Beldar in Himachal Pradesh Public Works Department. Petitioner has not placed any contemporaneous material on record to suggest even remotely that her family was separated before 1.1.2004. The Additional District Magistrate and Divisional Commissioner have come to a right conclusion that the income of the petitioner was more than Rs. 12,000/- per annum. There is no illegality or infirmity in the orders passed by the Additional District Magistrate as well as Divisional Commissioner. Accordingly, there is no merit in the petition and the same is dismissed. (R.B. Misra), Acting Chief Justice (Rajiv Sharma), Judge 9.12.2009. *awasthi*