IMPORTANT POINT
Anganwadi Workers selected for Supervisor posts are entitled to substantive appointments and benefits retroactively from their initial engagement date, regardless of contractual arrangements.

JUDGMENT :

N. Unni K Nair, J.

Heard Mr. Dilip Mazumdar, learned Addl. Advocate General, Assam, assisted by Ms. D. Devi, learned Government Advocate, appearing on behalf of the appellants. Also heard Mr. S. Kataki, learned counsel, appearing on behalf of respondents No. 1, 3, 4, 5, 6, 8, 9, 10, 11, 13, 15 & 17; and Mr. P. J. Dutta, learned counsel, appearing on behalf of respondents No. 2, 7, 12 & 16.

2. The appellants, herein, by way of instituting the present intra-Court appeal, have presented a challenge to a judgment & order, dated 20.06.2022, passed by the learned Single Judge in WP(c)7215/2018.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:

The Government of India, vide a communication, dated 28.04.1995, had stipulated that 25% of the post figuring in the cadre of Supervisor would be so filled-up from amongst the Anganwadi Workers, who are matriculates and have an experience of 10 years of service as an Anganwadi Worker. In terms of the said stipulation, State Governments were required to amend the Recruitment Rules for Supervisors and make therein, provisions for recruitment of Anganwadi Workers to the post of Supervisor.

In terms of the above stipulation made by the Government of India, vide communication, dated 28.04.1995; the Government of Assam in the Social Welfare Department, vide Notification, dated 04.06.2012, notified the norms and guidelines for selection of candidates for recruitment of in- service Anganwadi Workers against 25% of the post so figuring in the cadre of Supervisor.

The recruitment process pursuant to the said Notification, dated 04.06.2012, although initiated having not been taken to its logical conclusion; the Asom Rajyik Anganwadi Karmi Aru Sahayika Santha, approached the writ Court by way of instituting a writ petition being WP(c)4862/2015, praying that the process of recruitment of in-service Anganwadi Workers against the post of Supervisor be taken to its logical conclusion.

The writ Court vide order, dated 26.11.2015, noticing the submissions made by the learned standing counsel, Social Welfare Department, Government of Assam, that the process of recruitment against the post of Supervisor from amongst the in-service Anganwadi Workers, to the extent st of the quota so mandated for them; would be completed by 31 of December, 2015, proceeded to dispose of the said writ petition directing the Director, Social Welfare Department, to complete the process for recruitment for filling-up of the posts of Supervisor from amongst in- service Anganwadi Workers, to the extent of the quota so reserved for st them on or before 31 of December, 2015. The respondent authorities, thereafter, proceeded with the recruitment process and on conclusion thereof, a select list of 277 nos. of Anganwadi Workers so selected for recruitment against the post of Supervisor, came to be published.

Basing on the said select list; the respondent authorities proceeded to engage the selected Anganwadi Workers including the respondents, herein, as Supervisors. However, such engagement was made on contractual basis initially for a period of 3 years.

The respondents, herein, being aggrieved by the action of the appellants, herein, in not appointing them, in terms of their selection, against the post of Supervisor on substantive basis, had approached the writ Court by way of instituting a writ petition being WP(c)7215/2018. During the pendency of the said writ petition, the Principal Secretary to the Government of Assam, Social Welfare Department, Government of Assam, vide communication, dated 10.08.2021, conveyed the approval of the Government for promotion of 277 nos. of Anganwadi Workers as Supervisors and for authorizing to them, a regular scale of pay. Accordingly, the respondents, herein, were authorized a scale of pay with effect from the year 2021.

The learned Single Judge upo