The main legal point established in the judgment is the recognition of the statutory duties of Anganwadi workers and helpers under the National Food Security Act, 2013 and the rules/guidelines framed by the government.

ORDER :

Heard learned counsel for the petitioner and learned AC to GP-27 for the State.

2. The petitioner in the present case is seeking a direction to the District Magistrate, Banka (respondent no. 4) to dispose of the matter which was remanded by the Divisional Commissioner, Bhagalpur (respondent no. 3) vide his order dated 01.06.2011 passed in Misc (Anganwadi) Appeal No. 34 of 2010-11.

3. Learned counsel for the petitioner submits that this petitioner was appointed as Anganwadi Sevika. She was removed vide order dated 26.06.2007 passed by the District Magistrate, Banka in complete violation of principles of natural justice. She applied for review of the order but that was rejected. The petitioner moved this Court in earlier round in CWJC No. 5203 of 2010. It was submitted that the Commissioner was the competent authority to hear the appeal against the order of the District Magistrate under the regulation as framed in 2006 read with the Amendment dated 25.07.2008. Taking note of the submissions of learned counsel for the petitioner and the State, this Court vide order dated 21.09.2010 disposed of the writ application with a direction to the Divisional Commissioner, Bhagalpur to hear the appeal and adjudicate the matter on merit after hearing all concerned within the maximum period of four months.

4. Learned counsel submits that on receipt of the order of this Court in CWJC No. 5203 of 2010, though the Commissioner, Bhagalpur called for the records from the office of District Magistrate, Banka and also issued notices to the parties but ultimately he took a view that in absence of certain records, it would not be possible for him to reach on a just and proper conclusion, therefore, it would be proper to get this matter decided by the District Magistrate, Banka from his own level after hearing all the parties.

5. Learned counsel submits that on the one hand, the Commissioner, Bhagalpur abdicated his power as Appellate authority and at the same time, the District Magistrate, Banka has remained sitting over the matter for all these period. It is, thus, submitted that the order as contained in Annexure ‘9’ passed by the Commissioner is in the teeth of the direction of this Court issued vide order dated 21.09.2010 in CWJC No. 5203 of 2010.

6. On the other hand, Mr. Umesh Narayan Dubey, learned AC to GP-27 has raised a preliminary objection as to the maintainability of this writ application on the strength of an order of a learned Co-ordinate Bench of this Court in CWJC No. 21963 of 2014. Learned counsel submits that the learned Coordinate Bench has held that the post of Anganwadi worker does not fall within the purview of the State or Subordinate Services and is a post under a scheme regulated by guidelines which are not enforceable in law. It has been held that the writ petition would not lie with regard to the selection process of Anganwadi worker.

7. In reply, learned counsel for the petitioner has placed before this Court a recent judgment of the Hon’ble Supreme Court in the case of Maniben Maganbhai Bhariya versus District Development Officer Dahod & Ors. reported in AIR 2022 SCC 2119 : 2022 SCC online SC 507 wherein while considering the case of the Anganwadi workers (in short ‘AWWs’) and Anganwadi helpers (in short ‘AWHs’), it has been held that the Payment of Gratuity Act, 1972 (hereinafter referred to as ‘the Act of 1972’) will apply to them. It has been further held that Anganwadi Centres are the establishments contemplated by clause (b) Sub-Section (3) of Section 1 of the Act of 1972. Learned counsel submits that it is well-settled in law that a writ court can examine the decision making process of the executives. It is submitted that while it is true that the Anganwadis have been established under a scheme, the Hon’ble Supreme Court has taken note of the fact that Section 4 of the National Food Security Act, 2013 (hereinafter referred to as ‘the Act of 2013’) acknowledges and recognizes the entitlement of the pregnant and lact