IMPORTANT POINT
Anganwadi workers appointed under a Scheme known as Integrated Child Development Service Programme, floated by the Central Government, are not holders of any civil post, therefore, applications filed by them under Section 15 of the Administrative Tribunals Act are not maintainable.

Headnote:SERVICE LAW - Administrative Tribunals Act, 1985 - Section 15 - Anganwadi workers appointed under a Scheme known as Integrated Child Development Service (ICDS) Programme in year 1975 - Applications filed u/s 15 of the Act claiming that they hold civil post - Whether maintainable - (No) - Administrative Tribunal has no jurisdiction to entertain the application - It is not a case where concept of minimum wage, living wage or fair wage can be brought in service - Anganwadi workers do not carry on any function of the State - They do not hold post under a statute - Appointments made under a scheme and recruitment process being carried out through a committee would not render the incumbents thereof holders of civil post.
       Held : The Scheme was floated by the Central Government with certain objects. The staff pattern at the project level has been laid down in the Scheme itself. What would be meant by sanctioned post is evident from paragraph 3.1.18 of the Scheme as noticed hereinbefore. Indisputably Anganwadi workers and helpers were not to be appointed on a pay scale. They are to be paid honorarium.(Para 9)
       The Scheme is on a year to year basis. The Scheme although is to be directly under the control of the State Governments, the financial burden is to be borne by the Central Government. There is no fixed criteria as regards honorarium. Some States pay honorarium as fixed by the Central Government but some others pay additional honorarium from their own resources.(Paras 10 and 11)
       The posts of Anganwadi workers are not statutory posts. They have been created in terms of the scheme. It is one thing to say that there exists a relationship of employer and employee by and between the State and Anganwadi workers but it is another thing to say that they are holders of civil post.(Para 13)
       We are not oblivious of the fact that their presence in their respective villages is extremely important. They are supposed to make significant contribution to the society. They, we understand, are required to carry a large number of activities, primarily amongst them being the welfare of the children.(Para 14)
       Anganwadi workers, however, do not carry on any function of the State. They do not hold post under a statute. Their posts are not created. Recruitment rules ordinarily applicable to the employees of the State are not applicable in their case. The State is not required to comply with the constitutional scheme of equality as adumbrated under Articles 14 and 16 of the Constitution of India. No process of selection for the purpose of their appointment within the constitutional scheme existed. We do not think that the said decision has any application in the instant case.(Para 20)
       Appointments made under a scheme and recruitment process being carried out through a committee, in our opinion, would not render the incumbents thereof holders of civil post. Our attention has not been drawn to any rule or regulation governing the mode of their recruitment. Some statements in this behalf have been made by the interveners but for the reasons stated hereinbefore, we cannot enter thereinto. A distinction must be made about a post created by the Central Government or the State Governments in exercise of their power under Articles 77 or 162 of the Constitution of India or under a statute vis-a-vis cases of this nature who are sui generis. Terms and conditions of services of an employee may be referable to acts of appropriate legislature. The matter may also come within the purview of Article 309 of the Constitution of India as proviso appended thereto confers power upon the President or the Governor of a State or other authority, who may be delegated with such power, to make rules during the interregnum. (Para 29)
       One of the questions which was raised before us was in regard to the right of an Anganwadi worker to contest an election. They are indisputably free to do so. A holder of a civil post may not be entitled thereto.(Para 31)
       Reference to the provisions of the Minimum Wages Act, in our opinion, is also not apposite. The said Act is applicable to the workmen working in the industries specified therein. It is not the case of the respondents that the ICDS programme would constitute an industry or Anganwadi workers are industrial workmen. There cannot be any doubt whatsoever that it is one thing to say that the State would be liable to pay minimum wages irrespective of its financial constraints but it is another thing to say that as to whether such a claim can be raised in respect of those who are working under a project. It is not a case where the concept of minimum wage, living wage or fair wage can be brought in service.(Para 34)

JUDGMENT

S.B. Sinha, J. - The Central Government floated a Scheme known as Integrated Child Development Service (ICDS) Programme in the year 1975. It is funded by the Central Government. Its application, however, is at the hands of the respective States. Anganwadi workers are appointed from amongst the local inhabitants. Selection is made by a committee. Under the Scheme, about one hundred Anganwadi workers are required to be recruited from each of the urban and rural projects and 50 for the tribal projects, whereas one for each Anganwadi Worker is to be appointed as a helper. The staff pattern for ICDS Project is stated in para 3.1.18 of the Scheme which is as under:

"3.1.18 Staff for ICDS Project: Presently, a normal ICDS project has one post each of CDPO, Assistant, Statistical Assistant, Clerk/ Typist, Driver and Peon. Thus the present staff has 3 ministerial hands, namely, the Statistical Assistant, Assistant and LDC. For manning these 3 posts, the State Governments/UTs can chose any 3 suitable class III (Category C) posts and designations (such as Senior Clerk, UDC, Jr. Clerk, LDC, Accountant, Accounts Clerk etc.) and let these 3 posts be manned by them. These posts can carry pay scales as per State Governments rules and this Ministry will provide funds fully for all such posts. The redesignation of these posts would depend upon the nature and the type of work involved at the project headquarters and the precise types of personnel whom the State Government consider fit for such work."

2. Anganwadi workers filed an application purported to be under Section 15 of the Administrative Tribunals Act, 1985 (for short "the Act") before the Karnataka State Administrative Tribunal. In one of such applications being Nagarathna B.K. & Others v. The Secretary, Social Welfare Dept. & Others [1992 K.S.L.J. 177], it was held that the said application was not maintainable. Correctness of the said decision came to be questioned. The matter was referred to a larger bench of the Tribunal. By reason of the impugned judgment, the Tribunal held the said application to be maintainable opining that although Anganwadi workers and helpers are paid honorarium, they hold civil post.

3. The State of Karnataka is before us questioning the correctness of the said judgment. This Court issued notice to Union of India also. It has also filed a counter affidavit.

4. Mr. Sanjay R. Hegde, learned counsel appearing on behalf of the appellants, took us through the scheme and submitted that whereas certain posts are sanctioned and created, bulk of them are not sanctioned and required to be filled up from amongst the volunteers from the community. It was contended that they merely act as conduit to implementation of some welfare schemes. They may have to work for a maximum period of 4 and ½ years. They are not holders of civil posts. They can contest elections. It was submitted that for filling up of the said posts, no advertisement is required to be made, nor the provisions of the recruitment rules are required to be complied with.

5. Ms. Rekha Pandey, learned counsel appearing on behalf of Union of India would support the contention of Mr. Hegde supplementing that Anganwadi workers are appointed on a budget scheme and if it is to be held that they and their helpers who were to work as volunteers to render certain services, are treated to be State Government or Central Government employee, the scheme itself would become non-functional. The scheme of the Central Government, it was pointed out, is an All India scheme and in the event the judgment of the Tribunal is upheld, the same would lead to serious financial implications.

6. Ms. Indira Jaisingh, learned senior counsel appearing on behalf of the respondents, on the other hand, would submit that the question as to whether Anganwadi workers hold civil post or not must be considered having regard to the tests laid down by this Court in determination of the relationship of employer and employee.

7. The learn

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2006 Supreme(SC) 1254

IMPORTANT POINTAnganwadi workers appointed under a Scheme known as Integrated Child Development Service Programme, floated by the Central Government, are not holders of any civil post, therefore, applications filed by them under Section 15 of the Administrative Tribunals Act are not maintainable.

Cases Referred (11)

IMPORTANT POINT
Anganwadi workers appointed under a Scheme known as Integrated Child Development Service Programme, floated by the Central Government, are not holders of any civil post, therefore, applications filed by them under Section 15 of the Administrative Tribunals Act are not maintainable.