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DINESH MAHESHWARI, AHSANUDDIN AMANULLAH
State of Tripura – Appellant
Versus
Rina Purkayashta Etc. – Respondent
ORDER
C.A. @ SLP(C)Nos.23437-23440 of 2022
1. Leave granted.
2. These appeals by the State of Tripura are directed against the common judgment and order dated 29.06.2021 passed by the Division Bench of the High Court of Tripura in four connected intra-court appeals led by WA No. 173 of 2021 whereby, Division Bench has affirmed the judgment and order dated 10.03.2021 passed by the learned Single Judge of the High Court in a batch of respective writ petitions led by WP(C) No. 886 of 2019.
3. By the impugned judgment and order dated 10.03.2021, the learned Single Judge held that the Anganwadi Workers / Anganwadi Helpers ('AWs'/'AHs') engaged by the appellant-State under the Integrated Child Development Services Scheme ('ICDS') were entitled to be continued in their engagement until attaining the age of 65 years against the existing policy of the appellant-State of discharging them upon attaining the age of 60 years. The Division Bench of the High Court endorsed the views of the Single Judge and in that context, also observed that 90% of the expenditure was being covered by the Central Government funding and therefore, whether a person retired at the age of 60 years or the age of 65 years,
No mandamus could be issued to force a particular age of discharge on the state government when its policy was not shown to be suffering from any illegality or irrationality.
State governments have discretion over service conditions of workers, including retirement age, especially under funded schemes without violating rights.
Anganwadi Workers are entitled to continue their service until the age of 65, overriding state policies that impose a limit of 60, as a violation of central government guidelines.
Judicial review of government policy allows intervention only if the policy is manifestly arbitrary or unconstitutional, not on grounds of suitability.
The retirement age for Anganwadi workers is upheld at 65 years, with reinstatement ordered pending Supreme Court clarification.
The Service Rules govern the retirement age, and decisions of the governing body cannot be made applicable with retrospective effect.
Anganwadi Workers are not considered civil servants, and thus, age relaxation provisions for government employees do not apply to them.
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