Mayavati vs State Of H.P. And Others

Ajay Mohan Goel, J

By way of this writ petition, the petitioner has prayed for the following substantive reliefs:-

"i) That order annexed as P-2 and P-3 passed by respondents No. 3&4 may kindly be quashed and respondents be directed to verify the income certificate after considering all the facts and circumstances mentioned herein above by the petitioner.

ii) That the income certificate issued in favour of respondent No. 5 by respondent No. 4 may also be quashed and respondent No. 4 also be directed to verify all relevant records prior to issuance of the income certificate on the bases of family status of both the parties at the time of interview after providing opportunity of being heard to both the parties."

During the course of hearing of this case, on previous dates, it transpired that the family of the petitioner was a family with means and the petitioner was not eligible for being considered against the post of Aanganwari Helper, and accordingly, on 06.03.2020, this Court passed the following order:-

"Having perused orders Annexures P-2 and P-3, this Court is aghast as to how the candidates like the petitioner, are being appointed against the posts of Aanganwari Workers/Helpers etc. which posts have been created to provide means of earning livelihood to women of the economically weaker sections of the society of the State.

Here is a case where as per the report of the Authority concerned, husband of the present petitioner was owning a Pick-up Van which was duly registered in his name and was also owning a pucca house comprising of four rooms, just adjacent to the main road, out of which, one room was given on rent to Lok Mitra Kendra, second room stood given on rent to a Liquor Vend, salesman of which was husband of the present petitioner. Besides, third room of the said premises comprised of a Cloth Shop and fourth room comprised of a General Store.

In these circumstances, before any further order is passed in this case by this Court, as the petitioner is taking advantage of interim order which stood passed in this case on 28.04.2016, the said interim order is vacated forthwith and the petitioner is directed to deposit the entire emoluments which she has earned till date as Aaganwari Worker against the post in issue with the Registry of this Court before the next date of hearing.

List on 14.05.2020. Learned Additional Advocate General is directed to ensure that a copy of this order shall be communicated to the Chief Secretary to the Government of Himachal Pradesh, who may inquire as to how appointments are being made against the post of Aanganwari Worker/Aanganwari Helpers in the State on the basis of procured income certificates which are being issued by the Authorities concerned without ascertaining the actual income of the candidate(s) concerned. It is advised that in case any Officer(s)/ Official(s) is/are found wanting in the performance of their duties while issuing income certificates, then appropriate disciplinary proceedings as per Rules be initiated against him/them."

The petitioner preferred an appeal against the order so passed by the Court on 06.03.2020 and the appeal was disposed of by the Hon'ble Division Bench on 01.03.2021, in the following terms:-

"The appellant/petitioner has filed this appeal against order dated 06.03.2020, passed in CWP Mo. 1092 of 2016, by the learned Single Judge, whereby the petitioner/appellant was directed to deposit the entire emoluments which she had earned till date as Aaganwari Worker (for short 'the impugned order') This Court, vide order dated 14.12.2020, stayed operation of impugned order dated 6th March, 2020, so far as it relates to deposit of the entire emoluments which the appellant-petitioner has earned till date as Aanganwari Worker. Today, learned Counsel for the appellant submits that the order passed by the learned Single Bench requires to be set aside since the petitioner has not suppressed any material facts. We have heard learned Counsel for the parties and gone through the impugned order. From the perusal of the impugned order, it is revealed that the order passed by the learned Single Judge is not a final order and the writ petition is still pending. It is not appropriate for this Court to cause interference in the matter during pendency of the writ petition. Under these circumstances, we request the learned Single Judge to dispose of the writ petition at the earliest. Till disposal of the writ petition, impugned order dated 6th March, 2020, so far it relates to deposit of the entire emoluments which the appellant-petitioner has earned till date as Aanganwari Worker, shall remain stayed."

Today, Mr. Tara Singh Chauhan, learned Counsel for the petitioner, on instructions from the petitioner, who is present in person in the Court, submits that as the petitioner has already quit the job since October, 2020, it will be in the interest of justice, in case, these proceedings are closed, but the direction, which was passed by the Court with regard to recovery of the honorarium etc. paid to her may be recalled, as fact of the matter remains that for the period she was paid honorarium, she had actually worked on the post in issue.

Taking into consideration the fact that the petitioner has now quit the job/post of Aananganwari Helper, as prayed for by learned Counsel for the petitioner, this Court recalls earlier order passed with regard to deposition of the emoluments earned by the petitioner as Aanganwari Helper, which order otherwise was also stayed by the Hon'ble Division Bench and the writ petition is ordered to be closed accordingly.

At this stage, Mr. G.R. Palsra, learned Counsel for respondent No. 5 submits that the State may be directed to offer appointment to the candidate next in merit. Learned Additional Advocate General submits that appropriate action in this regard shall be taken by the department concerned in terms of the policy presently in vogue, within a period of six weeks from today.

The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.