( 2026:HHC:6190 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No. 2022 of 2015 Decided on: 07.03.2026 ____________________________________________________

Radha Devi ……….. petitioner Versus State of H.P. and others respondents ____________________________________________________

Coram:

Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? ¹ For the petitioner : Mr. Shivom Vashista, Advocate.

For the respondents : Mr. Govind Kirla, Additional Advocate General for respondents No.1 and 3 to 7.

: Mr. Nitin Mishra, Advocate, for respondent No.2.

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Bipin Chander Negi, Judge (oral)

The present petition has been filed seeking the follo wing reliefs:-

i) A writ in the nature of certiorari may kindly be issued for quashing order dated 8.1.2015 passed by the Ld.

Divisional 8.1.2015 passed by the Ld. Divisional Commissioner, Shimla Division in appeal No.109/2011, whereby the appeal filed by the Petitioner has been dismissed.

ii) A writ in the nature of mandamus may kindly be issued directing the respondents to allow the petitioner to work as Anganwari Helper in Anganwari Centre, as in Anganwari Centre, Dhawari, Tehsil Renuka Ji, District Sirmaur (H.P.).

2. Brief facts giving rise to the case at hand are that the present petitioner had been appointed as an Anganwari Helper in Anganwari Centre, Dhawari, Block Sangrah. The said appointment was assailed by the present respondent No.2 by instituting an appropriate

1 Whether the reporters of the local papers may be allowed to see the judgment?

appeal dated 19.8.2007 bearing Case No.17/4 of 2007. In the said appeal so filed, two issues were raked up by the present respondent No.2, whereby the appointment of the present petitioner had been assailed, namely that the petitioner did not belong to the feeder area of Anganwari Centre Dhawari to which an appointment had been made and that the income certificate of the petitioner was stated to be false and illegal.

3. On the basis of the reports furnished by the concerned Gram Panchayat and the CDPO Sangrah, the appellate authority i.e. Additional Deputy Commissioner, District Sirmaur quashed the appointment of the present petitioner on both accounts, namely that the petitioner did not belong to the feeder area of Anganwari Centre Dhawari and her income certificate, stated to be Rs.11,000/- per annum issued by the Executive Magistrate, Renukaji, was held to be based on an incorrect report. The said findings with respect to the income certificate were based on findings returned by the Sub Divisional Officer (Civil-cum-SDM), Nahan qua the income certificate.

4. The aforesaid judgment dated 6.1.2011 was assailed before the Divisional Commissioner vide appeal bearing No.109/2011. The same was instituted on 27.6.2011. The appeal was dismissed vide impugned judgment dated 8.1.2015 (Annexure P-8).

5. Insofar as the income certificate in the case at hand is concerned, the same has been placed on record (Annexure P-2). The same was issued by the Executive Magistrate, Renukaji wherein the income of the petitioner has been stated to be Rs.11,000/- per annum.

6. In this respect, suffice it to state that the Sub Divisional Officer (Civil)-cum-SDM, Nahan had got the matter with respect to the income of the present petitioner inquired into from the Naib Tehsildar Sangrah. As per the report of the Naib Tehsildar, it was ascertained that the family of the petitioner owned land in two villages, namely Barag and Lawali. The income derived from the aforesaid lands was to the tune of Rs.6,700/- and Rs.22,375/- respectively. As such, the total income per annum was worked out at Rs.29,075/-, which was higher than the prescribed limit of Rs.12,000/- per annum for eligibility to the post of Anganwari Helper. On the basis of the same, the SDO (Civil)- cum-SDM, Nahan had concluded that her income certificate i.e. Annexure P-2 appended alongwith the present petition filed by the present petitioner was incorrect.

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