IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.SUPEHIA, R.T.VACHHANI
State of Gujarat – Appellant
Versus
Adarsh Gujarat Anganwadi Union – Respondent
| Table of Content |
|---|
| 1. observation on the plight of anganwadi workers. (Para 1) |
| 2. request for information on wages of anganwadi workers. (Para 2) |
| 3. next steps for the proceedings. (Para 3) |
ORDER :
1. During the course of the hearing, this Court has perused the observation recorded by the Supreme Court in the case of Maniben Maganbhai Baria Vs. District Development Officer, Dahod , (2022) 16 SCC 343 , expressing the dire state of the Anganwadi workers and helpers, more particularly in paragraph No.27, wherein, it has been recorded as under:
“For all this, they are being paid very meagre remuneration and paltry benefits under an insurance scheme of the Central Government. It is high time that the Central Government and State Governments take serious note of the plight of AWWs and AWHs who are expected to render such important services to the society.”
And, further in paragraph No.95 as under:
“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 centres and to ensure quality in the delivery of services and co
Maniben Maganbhai Baria Vs. District Development Officer, Dahod
The court emphasized the urgent need for government reforms regarding the remuneration and working conditions of Anganwadi workers, asserting their crucial role in community service delivery.
Anganwadi workers and Anganwadi helpers are entitled to gratuity under the Payment of Gratuity Act, 1972.
Anganwadi workers are not considered government employees under Article 311, and their employment is contractual, allowing for civil court remedies.
The court established that Anganwadi Workers and Helpers are entitled to gratuity under the Payment of Gratuity Act, 1972, recognizing Anganwadi centres as 'establishments'.
The State must ensure timely payment of employee remuneration, as failing to do so violates constitutional rights, regardless of procedural issues.
The State cannot withhold employees' remuneration based on procedural delays; doing so violates their fundamental rights.
The petitioner has a right to promotion as Anganwari Worker under the guidelines, which the respondents unlawfully denied.
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