IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 494/2010 Date of decision:06.4.2010 Pushpa Devi ….Petitioner Versus State of H.P. & Ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B.Misra, Judge. For the Petitioner: Mr. Vikas Bhardwaj, Advocate. For the Respondents: Mr R.K. Bawa, AG with Mr. J.K. Verma, Dy. AG., for the respondents 1 and 2. Mr. A.K. Vashista, Advocate for respondent No.4 Justice Kurian Joseph, C.J.(Oral) The issue raised in this writ petition pertains to the selection and appointment of Anganwari worker at Anganwari Centre, Matyari, Nagrota Bagwa, Tehsil & District Kangra, HP. The serious dispute pertains to one factual position as to whether the petitioner had been living separately as on 1.1.2004. Annexure PRJ-1 shows that as on 1.1.2004, petitioner had been living separately from her father-in-law. According to the private respondent, very resolution for separation was taken only in 2005 as can be seen from Annexure R-3-3. It appears that the Deputy Commissioner has not gone into this crucial dispute. Therefore, we set-aside Annexure P-2, passed by the Deputy Commissioner, Kangra. Subsequent order passed by the Divisional Commissioner is also set aside. The matter is remitted to the Deputy Commissioner ( Additional District Magistrate, Kangra), with direction to consider the matter afresh with notice to the parties, enquiring also into the certificates (Annexures PRJ-1 and R 3-3), referred to above. It will be open to the parties to produce all other relevant materials before the Deputy Commissioner. The order as above, shall be passed, referring all the materials produced by the parties, within another three months. The interim order passed by this court will continue till such time and further continuation will depend on the orders passed by the Deputy Commissioner. Petition stands disposed of, so also the pending applications. Copy Dasti. . (Justice Kurian Joseph), Chief Justice April 06, 2010(s/sl) ( Justice R.B. Misra ), Judge