Whether age or health should be the basis for compulsory cessation of service? This unusual question crops up for consideration in all this batch of writ petitions filed by certain Anganwadi Workers/Helpers. In some of these writ petitions their respective associations are also parties. They challenge G.O.(MS)No.31/2009 dated 7.8.2009 that virtually prescribes 60 years as the age of superannuation and in that process they also assail the very competence of the State to fix the age of compulsory retirement.

2. Before adverting to the common claims and contentions it is necessary to refer to certain aspects relevant for deciding the aforesaid issues.

3. The 1991 census revealed that India had around 150 million children below the age of six years then constituting about 17.5% of the Indian population. A sizable number among them were found living in such economic and social environment that impede their physical and mental development. Poverty, poor environmental sanitation, diseases, infection, inadequate access to primary health care, inappropriate child caring and feeding practices were identified as the main root causes. Government of India, thereupon, proclaimed a national policy of children in the year 1974 declaring children as ‘supremely Important Asset’ and thereafter launched the programme of Integrated Child Development Service Scheme in the year 1975 which is now commonly known as ICDS project. In fact, it is a Central Government scheme under the auspices of the Ministry of Women and Child Development implemented through State Governments. The main objectives of the scheme are hereunder:

1. To improve the nutritional and health status of pre-school children in the age-group of 0-6 years.

2. To lay the foundation of proper psychological development of the child.

3. To reduce the incidence of mortality, morbidity, malnutrition and school-dropout.

4. To achieve effective co-ordination of policy and implementation amongst the various departments to promote child development, and

5. To enhance the capability of the mother to look after the normal health and nutritional needs of the child through proper nutrition and health education.

Packages of services:

To achieve the objectives, the ICDS aims at providing a package of services consisting of

Supplementary nutrition;

Immunization; Health check-up;

Referral Services;

Non-formal Pre-School Education; and

Nutrition & Health Education”

I have adverted to the aforesaid aspects to emphasis the objectives with which the ICDS project has been launched by the Central Government.

4. Anganwadi workers/Helpers are the key functionaries for implementing the programme of the Integrated Child Development Service Scheme. Till some time past, there was no service condition governing the said categories that are created for augmenting the said scheme. Even after the initial launching period of the scheme no authority has made any commend or shown any kind of commitment to provide a secured living in respect of such employees. Initially they were being paid paltry honorarium as long as they were able to work. Perhaps, realizing and recognizing the obligation under Article 39 of the Constitution of India, certain measures were taken by the competent authorities to ensure at least a decent living for Anganwadi employees. However, a close scrutiny of the subsequent events would reveal that, at least, on certain matters Central Government abdicated its responsibility and at the same time provided aid and assistance to the State Governments to formulate some social security benefits for the Anganwadi workers and Helpers. The selection of Anganwadi Workers/Helpers is now a matter within the purview of the State Government subject to the guidelines and instructions issued by the Central Government. As per G.O. (P).No.12/92/SWD dated 10.4.1992, Government of Kerala have constituted a welfare fund namely, Kerala Anganwadi Workers and Helpers Welfare Fund (for short ‘Fund’) to provide var