By means of the present petition, the petitioner has prayed for quashing the order dated 03.09.2014 passed by opposite party no.2 whereby the services of the petitioner on the post of Anganwadi Karyakatri have been terminated and also to command the opposite parties to hold an enquiry in respect of the present dispute and take a fresh decision in pursuance of the enquiry.
Brief facts of the case are that the petitioner applied for the post of Anganwadi Karyakatri for Gram Panchayat Rajepur Dhawan in pursuance to the advertisement published in the year 2002-2003 in the District Ambedkar Nagar. The necessary documents along with the income proof certificate was submitted along with the application. The petitioner was selected and appointment letter was issued on 08.04.2005. The petitioner joined her services on 11.04.2005. A complaint was moved by Sri Deep Raj to the District Magistrate that the income certificate issued to the petitioner is based on the wrong details. An inquiry was conducted by the Tehsildar, Akbarpur, Amebdkar Nagar who found that due to negligence of the revenue authorities, the income certificate was issued and vide order dated 28.02.2014, the income certificate was cancelled. The petitioner challenged the order dated 28.02.2014 by filing a Writ Petition Service Single No.3142 (MB) of 2014, which was dismissed vide order dated 16.04.2014. Thereafter, the District Programme Officer, Ambedkar Nagar has passed the impugned order dated 03.09.2014. Hence, this petition.
Learned counsel for the petitioner has submitted that the impugned order dated 03.09.2014 has been passed without giving any opportunity of hearing to the petitioner. It has also been submitted that the cancellation of the income certificate does not have any affect on the merit of the petitioner. The selection of the petitioner was not based on the income certificate of under poverty line but she was selected on the basis of higher academic qualification. Learned counsel for the petitioner submits that the impugned order has been passed without examining the relevant records of all the applicants who have applied. The respondent has wrongly interpreted the judgment and order passed by this Hon'ble Court in Writ Petition Service Single No.3142 of 2014 and as such, the action of the opposite parties are arbitrary, illegal and requires interference by this Hon'ble Court.
Per contra, learned counsel for the State has vehemently opposed the submissions made by the learned counsel for the petitioner and submitted that the petitioner is trying to mislead this Hon'ble Court by way of filing this petition. The fact of this case is that in the inquiry instituted on the basis of complaint, it has been found that due to negligence by the revenue authorities, the wrong income certificate was issued and thus, the same was cancelled. It has been submitted that the order of cancellation of the income certificate had already been adjudicated by this Hon'ble Court in the earlier petition, which was dismissed. Learned Standing Counsel for the State has also submitted that a notice was also issued to the petitioner and the petitioner in her statement recorded on 12.07.2013 has admitted the points mentioned in the inquiry report. The impugned order was passed as per the Government Order No.215 dated 16.12.2003. Therefore, there is no illegality in the impugned order and the petition being devoid of merit is liable to be dismissed.
Heard learned counsel for the parties and perused the record and perused the inquiry report dated 28.02.2014.
From the perusal of the inquiry report, it is apparent that the income certificate was wrongly issued to the petitioner. At the time of the issuance of the income certificate to the petitioner, the petitioner's husband was working in the postal department and was getting Rs.2888/- as honorarium and he was also earning Rs.92/- per month from the agricultural resources. Accordingly, the revenue inspector assessed the actual income of petitioner's husband as Rs.2980/- per month and Rs.35760/- as annual income, which comes to more than the upper limit fixed in the eligibility criteria and thus, found that the income certificate issued was not correct.
The post of Angawadi Workers/Helpers is for the citizen of the country who is living below the poverty line. The main criteria for getting the employment is as per the advertisement and as per the law applicable. It is admitted fact that in the inquiry initiated regarding the income certificate of the petitioner, notice was issued to the petitioner and she replied and after taking into consideration the reply of the petitioner as well as the other evidences on record, the competent authority has reached at the conclusion that the income certificate is not based on the proper computation of the income and therefore, the same was cancelled vide order dated 28.02.2014, which was challenged by filing a Writ Petition Service Single No.3142 (MB) of 2014 and said petition has been dismissed.
It is relevant to say that in majority of the cases, appointments have been cancelled on the ground that the income of the family of the appointees was much more than the upper limit fixed in the eligibility criteria and the certificates of income were not correct. It is not in dispute that the Anganwadi Workers/Helpers were appointed on the basis of a valid Income Certificate, issued by a competent authority, at the relevant time. But, it appears, owing to dispute on the income, the Authority in these cases, has looked into the matters, has conducted an independent inquiry and has come out with a version that the calculation of income by the authority, who issued the certificate, is not proper. In case the authority is of the view that the income certificate issued to any Anganwadi Workers /Helpers in the cases, is not based on proper computation of income, it will be open to the competent authority to take steps to cancel the same In the case in hand, after proper inquiry, it has also been held by the competent authority that the income is beyond the limit, prescribed for the eligibility for the appointment. Thus, the authority is of the view that the income certificate issued is not based on proper computation of income, and therefore, the same was cancelled. The impugned order was passed on the basis of the report of the Tehsildar regarding the submission of the incorrect income certificate and same was cancelled by the competent authority, which was basic requirement to get the job as Anganwadi Worker.
In view of the aforesaid discussions and observations, I do not find any ground to interfere with the impugned order. The petition being devoid of merit is accordingly dismissed.
Order Date :- 21.1.2021 VNP/-