2025:UHC:4087-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA/884/2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. (Per: Hon’ble Manoj Kumar Tiwari, J.) 1. Mr. Rajeev Bhatt, learned counsel for the petitioner. 2. Mr. P.S. Bisht, learned Additional C.S.C. for the State of Uttarakhand. 3. Mr. Kishore Kumar, learned counsel for respondent no. 5. 4. This intra-court appeal is directed against the judgment dated 02.05.2017 rendered in WPSS No. 1640 of 2012. The impugned judgment is extracted below for ready reference:- “Mr. Kisore Kumar, Advocate for the petitioner. Mr. N.P. Sah, S.C. for the State. Petitioner was appointed as Anganwadi Wroker in Shakti Farm, Block Sitarganj (U.S. Nagar). Services of the petitioner were terminated vide order dated 22.05.2012 without hearing her. The primary ground for terminating the petitioner from service was that her family income has been increased from Rs. 1300 to Rs. 3000/- per month. However, the fact of the matter is that petitioner ought to have been heard before passing the order dated 22.05.2012. Thus, there is violation of principles of natural justice. Accordingly, the writ petition is allowed. Impugned order dated 22.05.2012 is quashed and set aside. Respondents are directed to reinstate the petitioner in service with all consequential benefits. However, the liberty is reserved to the 2025:UHC:4087-DB respondents to proceed with the matter in accordance with law. All pending applications also stand disposed of.” 5. Appellant was arrayed as respondent no. 5 in the writ petition. According to the appellant, writ petitioner (Km. Prema Sarkar) was engaged as Anganbari Karyakatri contrary to Government Policy, as her monthly income was beyond permissible limits; on appellant’s complaint, writ petitioner’s engagement as Anganbari Karyakatri was discontinued vide order dated 22.05.2012 on the ground that her income certificate was cancelled by the Competent Authority; the said order was challenged by Km. Prema Sarkar in a petition. 6. Learned counsel for the appellant submits that although appellant was arrayed as respondent no. 5 in the writ petition, however, the writ petition was decided, without notice to her. He further submits that as per norms, a lady with monthly income upto ₹2,000/- alone, is eligible for appointment as Anganbari Karyakatri, while income of the writ petitioner was more than ₹3,000/- per month, therefore, she was ineligible and her engagement was rightly discontinued on appellant’s complaint. 7. Learned counsel for the writ petitioner (respondent no. 5 herein) submits that since the order dated 22.05.2012, whereby petitioner engagement was discontinued, was passed without hearing her, therefore, the writ petition was rightly allowed on the ground that principles of natural justice were violated. He further submits 2025:UHC:4087-DB that liberty is granted to the Authorities to proceed in the matter, as per law. 8. We find force in the submission made by learned counsel for the writ petitioner. Since the writ petitioner was not heard by Child Development Project Officer, Sitarganj, while passing the order dated 22.05.2012, therefore, learned Single Judge was justified in setting aside the order, whereby her engagement was discontinued. 9. However, having regard to the facts and circumstances of the case, we dispose of the special appeal, with liberty to the Competent Authority to pass order afresh, after affording opportunity of hearing to writ petitioner as well as appellant; if it is found that writ petitioner was appointed in disregard of the income limit, fixed by the State Government. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 19.05.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f98 02a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5 C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.05.20 20:55:05 -07'00' 2025:UHC:4087-DB