CWP No. 7436 of 2010 5.03.2011 Present: Mr. Rajinder Thakur, Advocate, for the petitioner. Mr. Ram Murti Bisht, Deputy Advocate General with Mr. Vinod Thakur, Dy. A.G. for the respondents No. 1 to 3. Mr. L. N. Sharma, Advocate, for respondent No. 4. On 29.11.2010 the following order was passed in this petition: “CWP No. 7436 of 2010 and CMP No. 11459 of 2010: Petitioner submits that Annexure P-3 order had already been produced before the Deputy Commissioner and the same has not been considered. It is submitted that the petitioner is working as on today. Notice dasti to the fourth respondent. In case the petitioner is working as on today, there will be a direction that she will continue for the time being. Reply within one month. Post on 29.12.2010.” 2. On 23.2.2011 the matter was admitted by the Court. 3. In the petition it is categorically averred that certificate (Annexure P-3) was placed before the authorities below. It is urged that inspite of the same the authorities have failed to take the same into account while arriving at their decisions. 4. From Annexure P-3 it is apparent that relations between the petitioner and her husband are certainly not cordial. With the intervention of the Panchayat she is receiving maintenance from her husband. Though private respondent is refuting this fact. -2- 5. The authorities below ought to have considered petitioner’s case in the light of the circumstances so explained by her. In disregard to the same it cannot be held that simply because the petitioner’s husband is employed she would automatically become ineligible for appointment as Anganwari Worker. 6. Consequently on this short ground alone impugned order dated 21.9.2010 is quashed and the matter is remanded back to the Deputy Commissioner, Hamirpur for adjudicating the appeal filed by the private respondent afresh. Needless to add the authority shall take into account the certificate (Annexure P-3) while determining the petitioner’s eligibility for the post in question. Before deciding the authority shall issue notice to the parties. Liberty granted to the parties to place additional material, if any, before the Deputy Commissioner. The Deputy Commissioner shall decide the appeal within a period of three months from the date of receipt of certified copy of the order. Till such decision is taken petitioner shall not be relieved from the post in question. Petition stands disposed of so also the pending applications, if any. (Sanjay Karol), Judge. March 5, 2011 (PK)