Anganwadi workers are not considered government employees under Article 311, and their employment is contractual, allowing for civil court remedies.

JUDGMENT :

Heard Mr. Gopal Govind Mishra, learned counsel appearing on behalf of the petitioner Mr. Kumaresh Singh, learned AC to SC-28 for the State.

2. The petitioner, in paragraph no. 1 of the present writ petition, has sought, inter alia, the following relief(s), which is reproduced hereinafter:-

“1. That this is an application for issuance of writ/writs, order/orders, direction/directions for commanding the respondent authorities for appointment of the petitioner on the post of Anganwari Sewika at Centre situated in Ward No. 12 at Kolhrampur under Gram Panchayat Purvi Babura, Block-Barhara in Bhojpur District as the respondent No. 6 was appointed having Marks 54.66% and the petitioner has 60.20% of Marks as calculated by the authority in General Meeting which was held on 02.09.2019 for appointment of Anganwari Sewika and/or any other relief/reliefs in accordance with law in the light of factual profile of this case in the interest of justice."

3. Learned counsel appearing on behalf of the petitioner submits that for redressal of the grievance the petitioner seeks to avail appropriate remedy by filing suit before the competent civil court having jurisdiction in light of the law laid down by the Apex Court in case of State of Karnataka & Ors. vs. Ameerbi & Ors. reported in (2007) 11 SCC 681.

4. The Apex Court in the case of Ameerbi (supra) has held that there is no straitjacket formula that all the employees, who fall under the purview of Article 12 of the Constitution would be government employees. Only because the State controls the Integrated Child Development Services (I.C.D.S.) Programme, its employees cannot take shelter under Article-311 of the Constitution that in any manner, the selection process has not taken place in accordance with law.

5. I would also like to refer the case of Maniben Maganbhai Bhariya V. District Development Officer Dahod reported in AIR 2022 SC 2119 wherein the Apex Court in Paragraph nos.32, 38 and 52 of the judgment has held that the writ petition is maintainable. In this regard, I would like to refer paragraph nos.32, 38 and 52, which are re-produced hereinafter :-

“32. The mission and mandate of the scheme of ICDS is to promote social and economic empowerment of women through crosscutting policies and programmes, mainstreaming gender concerns, creating awareness about their rights and facilitating institutional and legislative support for enabling them to realize their human rights and develop to their full potential. The second is to ensure development, care and protection of children through crosscutting policies and programmes, spreading awareness about their rights and facilitating access to learning, nutrition, institutional and legislative support for enabling them to grow and develop to their full potential”.

38. Anganwadi workers/helpers are the key facilitators of child nutrition initiatives at the ground level and involved in performing the work of dissemination, publicity, building awareness, and implementation of various schemes of the Government. No wonder, the strength of Anganwari Centres has increased manifold by passage of time in the country.

52. Before parting with the order, I would like to observe that the time has come when the Central Government/State Governments has to collectively consider as to whether looking to the nature of work and exponential increase in the Anganwadi centers and to ensure quality in the delivery of services and community participation and calling upon Anganwadi workers/helpers to perform multiple tasks ranging from delivery of vital services to the effective convergence of various sectoral services, the existing working conditions of Anganwadi workers/helpers coupled with lack of job security which albeit results in lack of motivation to serve in disadvantaged areas with limited sensitivity towards the delivery of services to such underprivileged groups, still being the backbone of the scheme introduced by ICDS, time has come to find out modalities