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2015 Supreme(SC) 250

SUPREME COURT OF INDIA
Dipak Misra, Prafulla C. Pant, JJ.
State of Himachal Pradesh and others – Appellants
Versus
Punra Devi – Respondent
CIVIL APPEAL NOs. OF 2015 (Arising out of S.L.P. (Civil) Nos. 34795-34796 of 2014)
Decided on : 24-03-2015

Headnote:Integrated Child Development Scheme – Anganwari Helper (AWH) and Anganwari Worker (AWW) – Government instruction for filling up vacant post of AWW by giving priority to AWH of same centre – Respondent AWH of one centre applying for post of AWW of another centre – High Court misinterpreting the instruction and allowing respondent’s petition – Further, observation about honourarium uncalled for. (Para 10, 12)

       Facts of the case:

       Respondent Punra Devi was appointed on 13.8.2007 as Anganwari Helper in Anganwari Centre, Chori, District Kangra, Himachal Pradesh. There are two Anganwari Centres, namely, Anganwari Centre, Chori and Anganwari Centre, Hardeeppur, which fall within the limits of village panchayat Lagnru.

       Respondent submitted her application for the post of AWW in Anganwari Centre, Hardeeppur, to Child Development Project Officer (CDPO) Dehra, District Kangra, Himachal Pradesh. She also made a representation to appellant No. 2 seeking her appointment on the above mentioned post. When her request was not accepted, she filed writ petition before the High Court.

       The High Court disposed of the above writ petition allowing the respondent to apply for the post of AWW of Hardeeppur with certain observations. Review petition was dismissed.

       Finding of the Court:

       High misinterpreted the instruction. Impugned judgment cannot be sustained.

       Result: Appeal allowed.

       

Judgment

Prafulla C. Pant, J.

Leave granted.

2. These appeals arise out of judgment and order dated 6.3.2013, passed by the High Court of Himachal Pradesh at Shimla in CWP No. 7879 of 2012-H whereby the High Court has disposed of said writ petition allowing the respondent (writ petitioner), who is Anganwari Helper at Anganwari Centre, Chori, to the post of Anganwari Worker in Anganwari Centre, Hardeeppur. The review petition filed by the appellants before the High Court has also been dismissed vide order dated 23.5.2014. The same is also challenged before us.

3. Heard learned counsel for the appellants. No one turned up on behalf of the respondent even after sufficient service reported on her.

4. Brief facts of the case are that respondent Punra Devi was appointed on 13.8.2007 as Anganwari Helper in Anganwari Centre, Chori, District Kangra, Himachal Pradesh. There are two Anganwari Centres, namely, Anganwari Centre, Chori and Anganwari Centre, Hardeeppur, which fall within the limits of village panchayat Lagnru. Appellant No. 2, Director, Department of Social Justice and Empowerment, Himachal Pradesh, Shimla, issued communication dated 10.5.2012 to all Child Development Project Officers (C.D.P.Os) of the State informing that in case the post of Anganwari Worker (AWW) falls vacant in any Anganwari Centre, the Anganwari Helper (AWH) working at the same centre can also be considered on priority basis for appointment to the post of AWW. Claiming the benefit of above communication, respondent submitted her application for the post of AWW in Anganwari Centre, Hardeeppur, to Child Development Project Officer (CDPO) Dehra, District Kangra, Himachal Pradesh. She also made a representation to appellant No. 2 seeking her appointment on the above mentioned post. When her request was not accepted, she filed writ petition (CWP No. 7879 of 2012) before the High Court seeking following reliefs:-

“i. That the respondents may very kindly be directed to consider the petitioner for appointment to the post of Anganwari Worker in Anganwari Centre Hardeeppur under the Child Development Project Officer, Dehra, District Kangra without insisting upon the conditions of prescribed limit to the family-income of the petitioner, because of her already working as Anganwari Helper, in the interest of justice.

ii. That the respondents may also be directed to apply the instructions issued by the respondent No. 2 on 10.05.2012 at Annexure P-5 in the case of the petitioner also so as to consider her for appointment as Anganwari Worker in Anganwari Centre Hardeeppur on account of her already working as Anganwari Helper in Anganwari Centre Chori and her possess the requisite qualifications of +2, in the interest of justice.

iii. That the respondents may also be directed to create 2 to 3 promotional avenues to the Anganwari Worker to the next higher post, in the interest of justice.

iv. That the entire record of the case may very kindly be summoned from the respondent for the kind perusal of this Hon’ble Court.

v. That any other order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the present case, may be passed in favour of the petitioner and against the respondent.”

5. The High Court disposed of the above writ petition allowing the respondent to apply for the post of AWW of Hardeeppur with certain observations, which is challenged before us by the appellants, after rejection of the review application.

6. The only issue involved in these appeals before us is as to whether an Anganwari Helper (AWH) of one Anganwari Centre can seek promotion to the post of Anganwari Worker (AWW) of the another Anganwari Centre, or not?

7. Be it noted, Integrated Child Development Scheme (ICDS) is a centrally sponsored flagship Scheme of the Government of India which envisages six services, i.e., supplementary nutrition, immunization, health check-up, referral services, pre-school non-formal education and nutrition and health education. The AWWs an


















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