Anganbari workers - appointment - service conditions

Tajesh­wari Devi Vs Divi­sional Com­mis­sioner 17.05.2010(uniqueunique)
CWP 2869 of 2008

Kurian Joseph, Chief Jus­tice, Jus­tice Sur­jit Singh

Angan­bari Work­ers — These cases per­tain to issue regard­ing can­cel­la­tion of appoint­ment of peti­tion­ers to post of Angan­wadi Workers/Helpers — It is not in dis­pute that Angan­wadi Workers/Helpers, in these cases, were appointed on basis of a valid Income Cer­tifi­cate, issued by a com­pe­tent author­ity, at rel­e­vant time — Even now, that cer­tifi­cate of income, issued by com­pe­tent author­ity, for pur­pose of appoint­ment, has not been can­celled — In case author­ity is of view that income cer­tifi­cate issued to any Angan­wadi Workers/Helpers in these cases, is not based on proper com­pu­ta­tion of income, it will be open to com­pe­tent author­ity to take steps to can­cel same — Com­ing to other cases, issues involved per­tain to eli­gi­bil­ity con­di­tions other than income — In some cases issue raised is as to com­pu­ta­tion of income, based on fam­ily sta­tus — Com­pu­ta­tion of income and fam­ily sta­tus are to be deter­mined as on date of appli­ca­tion for appoint­ment — Yet another con­tention has been raised as to whether author­ity which decided an appeal, namely Appel­late Author­ity (Divi­sional Com­mis­sioner), was com­pe­tent to enter­tain a review — Another con­tention per­tains to power of del­e­ga­tion of Appel­late Author­ity — power con­ferred on del­e­gate is power, that is con­ferred under guide­lines — There­fore, framers of guide­lines, namely Gov­ern­ment, is com­pe­tent to con­fer power that is con­ferred on Appel­late Author­ity, on any other author­ity as well — Appel­late Author­ity has not made any sub del­e­ga­tion — We find from guide­lines that an aggrieved can­di­date alone is com­pe­tent to pre­fer appeal under Clause 12 of Pol­icy Guide­lines — Another legal con­tention is as to whether Appel­late Author­ity has power to con­done delay in fil­ing appeal — Being a statu­tory author­ity, in terms of Pol­icy Guide­lines, Appel­late Author­ity does not have power under Sec­tion 5 of Lim­i­ta­tion Act.

Anganbari workers - appointment - service conditions