Tripta Devi vs State of H.P. and Others

Kurian Joseph, C.J.—The Petitioner has challenged Annexure P-4, order passed by the Additional Deputy Commissioner, Kangra at Dharamshala. The matter pertains to the appointment of Anganwadi Worker at Anganwadi Centre, Durgella-II, District Kangra. The Additional Deputy Commissioner has rendered the finding that the private Respondent, herein, who had actually worked in the Anganwadi Centre, belongs to the feeding area and that she was within the age limit at the time of appointment. Pursuant to the order dated 30.6.2011, the records have been produced before us. It is seen from the records that the income certificate produced by the private Respondent shows that she had family income of only Rs. 7200/- per annum. That aspect is not under challenge. It is also seen from the records that she was within the permissible age of below 45 years at the time of appointment. Still further, it is seen from the records that the private Respondent belongs to feeding area. Apart from all these, it is seen that even if the appointment of the private Respondent is set aside, the Petitioner is not the beneficiary 2 since she is not the next available candidate in the waiting list. Therefore, there is no point in issuing futile writ.

For all the aforesaid reasons, we do not find any merit in the writ petition, which is accordingly dismissed.