Point of Law: In service law there is no place for concepts of adverse possession or holding over.

JUDGMENT :

Jyotsna Rewal Dua, J.

Appointment of the petitioner as Anganwari Worker in Anganwari Centre Majheen, Tehsil Khundian, District Kangra, was set aside by the Appellate Authority vide order dated 15.03.2013. This order has been assailed by the petitioner in the instant writ petition.

2. Facts:-

2(i). The petitioner was appointed as Anganwari Worker on 13.08.2007 in Anganwari Centre Majheen, Tehsil Khundian, District Kangra, where she joined on 16.08.2007. Petitioner’s appointment and selection to the post of Anganwari Worker was challenged by respondent No.4 (Smt. Mangla Devi) before the Deputy Commissioner. The challenge was on the ground that in terms of the applicable eligibility criteria at the relevant time, the annual income ceiling of a candidate prescribed in the policy was Rs.12,000/- per annum, whereas petitioner’s annual family income far exceeded the prescribed criteria. Hence, she was ineligible for the post in question.

2(ii). Appeal No.8/2007 preferred by respondent No.4 was allowed by the Appellate Authority-cum-Additional District Magistrate, Kangra at Dharamshala, vide order dated 06.10.2008. This order, inter alia, took note of the admission of the petitioner that her Mother-in-Law was a retired Teacher and owner of a vehicle bearing Registration No.HP-55A-0955. The order also kept in view the confirmation by the Divisional Forest Officer, Dehra that petitioner’s husband was engaged as a Contractor in business of collecting resin from the pine trees in the year 2007. The order also returned the finding that the alleged separation of petitioner’s family put forth by her was only in order to secure appointment to the post of Anganwari Worker. Such separation was null and void. The authority, inter-alia, recorded:- “As a matter of common sense it is incredible to believe that the only son of a mother is residing separately in the same house, therefore, in my opinion, Ajay Kumar and her family are integral part of the family of Kanta Devi, who is a retired teacher and draws pension. She also owns a car bearing No.HP-55-A-0955”.

2(iii). The Divisional Commissioner, Kangra, on 27.01.2009, allowed petitioner’s appeal against the order dated 06.10.2008. Matter was ordered to be remanded for fresh decision on the ground that the Additional District Magistrate, Kangra had no power to hear and decide the appeals. On remand, the delegation of powers was conferred on the Additional District Magistrate, Kangra. After hearing the parties afresh, the Appellate Authority once again set aside appointment of the petitioner vide order dated 14.09.2009. This order was upheld by the Divisional Commissioner, Kangra at Dharamshala, on 30.04.2010.

2(iv). Aggrieved against the aforesaid orders dated 14.09.2009 and 30.04.2010, the petitioner instituted CWP No.2100 of 2010. This writ petition was part of bunch matters with lead case being CWP No.1096 of 2010 (Raksha Devi Versus State of H.P. & Others). This bunch of petitions was decided on 17.05.2010. One of the contentions before the Hon’ble Court in Raksha Devi’s case, supra, was that “even assuming for arguments sake that the computation of income was not properly made by the authority, who issued the certificate, there is a due process under the law by which such a certificate could have been cancelled. Even now, that certificate of income, issued by the competent authority, for the purpose of appointment, has not been cancelled”. While answering the above contention, the Hon’ble Division Bench found substance in the submission made by learned counsel for the petitioners that in case of allegations of obtaining appointment on false certificates of income, the competent authority should first take steps to cancel such certificates, based on which the appointments were made. The Court further held as under:-

“5. In case the authority is of the view that the income certificate issued to any Anganwadi Workers/Helpers in these cases, is not based on proper computation of income, it wil