A.B. CHAUDHARI, J.

1. Heard. Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel for the rival parties.

2. In the present petition, the petitioner is seeking implementation of Government Resolution dated 12.3.2008 in her case to be made by the Zilla Parishad, Buldhana i.e. by appointing her to the post of Anganwadi Sevika.

3. It has been observed by this Court that Anganwadi helpers and Anganwadi Sevikas who hardly get honorarium @ Rs.1,000/- to 1200/- per month and who work in rural areas straightway rush to this Court invoking the jurisdiction under Article 226 of the Constitution of India in the matters pertaining to their employment i.e. termination, regularization etc.. In the instant case, we find that the petitioner claims that she has been working as Anganwadi helper since 1.11.2001 by an order of appointment made by the Zilla Parishad, Buldhana. According to her, in the year 2007 Anganwadi Sevika working at Mouza Dhanora (Bk) Tq. Nandura District Buldhana resigned and as such her post fell vacant since 5.8.2007. According to the petitioner she has been working as Anganwadi helper in the same centre since 6.10.2007 and in fact has been working incharge of the post on Anganwadi Sevika due to the said vacancy caused by resignation. It is her case that under the Government Resolution dated 12.3.2008 she is entitled to be appointed being eligible and qualified to the said post of Anganwadi Sevika and thus there is a failure on the part of respondent No.2 – Zilla Parishad to implement the said Government Resolution dated 12.3.2008 despite her repeated reminders and representations. According to her, her case was also recommended accordingly by the concerned officers but to no use.

4. Having heard learned Counsel for the petitioner and Ku. K.K. Pathak, appointed by this Court as 'Amicus Curiae', we find that Integrated Child Development Services Scheme (hereinafter referred to as “ICDS Scheme”) was launched in the year 1975 with the following objectives and services to be given. “OBJECTIVES :- The Integrated Child Development Services (ICDS) Scheme was launched in 1975 with the following objectives : i. to improve the nutritional and health status of children in the age-group 0-6 years; ii. to lay the foundation for proper psychological, physical and social development of the child; iii. to reduce the incidence of mortality, morbidity, malnutrition and school dropout; iv. to achieve effective co-ordination of policy and implementation amongst the various departments to promote child development; and v. to enhance the capability of the mother to look after the normal health and nutritional needs of the child through proper nutrition and health education. SERVICES :- The above objectives are sought to be achieved through a package of services comprising: i. supplementary nutrition, ii. immunization, iii. health check-up, iv. referral services, v. pre-school non-formal education and vi. nutrition & health education. Three of the six services namely Immunisation, Health Check-up and Referral Services delivered through Public Health Infrastructure under the Ministry of Health & Family Welfare.”

5. The constitution of ICDS Team is as under : “THE ICDS TEAM :- The ICDS team comprises the Anganwadi Workers, Anganwadi Helpers, Supervisors, Child Development Project Officers (CDPOs) and District Programme Officers (DPOs). Anganwadi Worker, a lady selected from the local community, is a community based frontline honorary worker of the ICDS Programme. She is also an agent of social change, mobilizing community support for better care of young children, girls and women. Besides, the medical officers, Auxiliary Nurse Midwife (ANM) and Accredited Social Health Activist (ASHA) form a team with the ICDS functionaries to achieve convergence of different services.”

6. The status of Anganwadi workers and helpers is as under : “STATUS OF ANGANWADI WORKERS AND HELPERS:- Anganwadi Workers (AWWs) & Anganwadi H