IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 932 of 2008. Date of decision: 08.12.2010 ------------------------------------------------- Neelam Adarsh Petitioner. Versus State of Himachal Pradesh & others. Respondents. Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, J. For the petitioner: Ms.Archana Dutt, Advocate. For respondents: Mr. R.K.Bawa, Advocate General with Mr. No.1 to 3. Ankush Dass Sood Addl. A.G. & Mr. J.K.Verma, Deputy Advocate General. For the Respondent Mr. Sanjeev Bhushan, Advocate. No. 4. Justice Kurian Joseph,C.J.(Oral): The issue raised in this writ petition pertains to the appointment of Anganwari Worker at Anganwari Centre, Bhadiaran, Ward No.2. It is seen that the Deputy Commissioner had looked into the matter as per Annexure P-3, on the appeal filed by the fourth respondent herein. According to the petitioner, the fourth respondent is resident of Ward No.4 and hence she is not entitled for appointment in Ward No.2. There is also an allegation regarding mistaken identity of the parties between Neelam Adarsh and Neelam Rani. 2. Having heard the learned counsel for the both sides and the learned Additional Advocate General, we are of the view that the matter requires fresh consideration by the Deputy 2 Commissioner, who will be in a better position to look into all the allegations including mistaken identity of the parties and also the claim regarding the appointment with respect to the particular Ward. 3. Therefore, Annexures P-3 and P-4 are set aside and the matter is remitted to the Deputy Commissioner with a further direction to look into all the contentions taken by the parties after affording an opportunity for personal hearing and take a decision in the matter within a period of four months from the date of production of a copy of this judgment by the petitioner. We make it clear that the parties shall appear before the Deputy Commissioner so that the allegation in regard to the mistaken identity can also be looked into by the second respondent. Till orders, as above, are passed by the Deputy Commissioner, the present arrangement will continue and the person who is working at the Anganwari Center, Bhadiaran, Ward No.2, shall be paid all admissible wages, if not already paid, and continued to be paid. 4. With the above directions, the writ petition stands disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph) Chief Justice December 8, 2010 ( Justice V.K. Ahuja ), (SDS) Judge 3