IMPORTANT POINT
Anganwadi Workers are not considered civil servants, and thus, age relaxation provisions for government employees do not apply to them.

JUDGMENT :

A.S. SUPEHIA, J.

1. The Letters Patent Appeal filed under Clause 15 of the Letters Patent, 1865 is directed against the judgment and order dated 23.12.2019 passed by the learned Single Judge in the captioned writ petition, whereby the learned Single Judge has allowed the writ petition and directed the appellant-State to provide age relaxation of 4 years in the upper age limit of 33 years in accordance with Government Resolutions dated 22.04.1983 and 01.03.2000 to the respondent No. 1-original petitioner, who belongs to Scheduled Caste category,

BRIEF FACTS:

2. Pursuant to the advertisement dated 04.07.2015 issued by the appellant-State authority for the purpose of inviting interested candidates for Anganwadi Centres as Aanganwadi Workers at Durgavada-4 (D-4), Durgavada-3 (D-3), the respondent No. 1 submitted her application in the prescribed Form however, it is not stated by the respondent No. 1 whether such application was accepted or not. It appears that the same could not have been accepted in view of the age limit mentioned in the advertisement dated 04.07.2015 specifying that the candidate must be within the age limit of 18 years and not above the age of 33 years as on the date of advertisement. As per the application filed by the respondent No. 1, her age was 33 years, 8 months and 26 days, on the date of advertisement.

3. The respondent No. 1 thereafter, assailed the advertisement dated 04.07.2015 to the extent of stipulating the age criteria from 18 to 33 years by filing the captioned writ petition. The prayer clauses incorporated in the writ petition reveal that the respondent No. 1 has challenged the advertisement to the extent that it provides the age limit of 18 to 33 years and it is prayed that instead of the same, it should be 18 to 44 years as per the Government Resolutions dated 22.04.1983 and 01.03.2000. The learned Single Judge has ultimately, allowed the writ petition and directed the respondent-authorities to provide age relaxation in the upper age limit of 33 years in the case of the petitioner, who belongs to Scheduled Caste.

SUBMISSIONS OF THE LEARNED AGP:

4. Learned Assistant Government Pleader, at the outset, has submitted that the post of Anganwadi Worker is not a civil post and the Rules applicable in cases of Government employees, more particularly, the Rule 8 of the Gujarat Civil Services (Classification and Recruitment (General)) Rules, 1967, which stipulates the age relaxation will not apply in the case of an Anganwadi Workers, and hence the learned Single Judge ought not to have placed reliance upon the same. In support of her submission, learned Assistant Government Pleader has placed reliance on the judgment of the Supreme Court in the case of State of Karnataka and others Vs. Ameerbi and others, 2007 (11) SCC 681. She has also placed reliance on the recent judgment of the Supreme Court in the case of State of Uttar Pradesh and others Vs. Shanti Devi, 2022 (6) SCR 1051.

5. Learned Assistant Government Pleader has also placed reliance on the Resolution dated 13.11.2009 issued by the Women and Child Development Department framing the Rules for appointment of Anganwadi Workers and Helpers. She has submitted that as per Clause 2 of the said Resolution, the age criterion prescribed therein for a candidate is 18 to 33 years. It is submitted that by the said Resolution, an Anganwadi Worker is appointed on honorarium basis that too under the scheme and hence, the respondent No. 1 cannot claim any benefit on the Rules, which are only applicable to the State Government’s employees.

6. The learned Assistant Government Pleader has further contended that the learned Single Judge has primarily placed reliance on the Circular dated 15.03.1994 as well as the Resolutions dated 22.04.1983 and 01.03.2000 for allowing the writ petition, which could not have been relied upon since the same apply to the posts of reserved categories of the State Government employees. She has submitted that these Resolutions will n