1. The petitioners, who are Anganwadi workers and helpers, have approached this Court dissatisfied with the quantum of honorarium paid to them.

2. The petitioners allege that after the introduction of the Integrated Child Development Service Scheme (ICDS for short) in the year 1975, the Balawady/Anganwadi workers and helpers like the petitioners became the functionaries for implementing the ICDS scheme. At the beginning of the scheme, an Anganwadi worker (non-matriculate) was paid honorarium of Rs.100/- per month and a matriculate worker was paid Rs.150/- per month. Anganwadi helpers were paid at the rate of Rs.35/- per month. As of now, the Anganwadi workers are getting a total emolument of Rs.4,000/- which is shared by the Government of India and the State of Kerala in the ratio 3:1. The helpers are getting a total emolument of Rs.2500/-, out of which Rs.1500/- is paid by the Central Government and the balance Rs.1,000/-is paid by the State Government.

3. The petitioners allege that other than the duties as Anganwadi workers and helpers, they are preparing food for children, distributing nutritious snacks, giving pre-school education and are conducting house visits to check up pregnant woman, which finishes by about 1 p.m. The petitioners are pulled into every governmental scheme. The petitioners are expected to be part of the pulse polio campaigns and are roped in animal census and also to organize women's group and start savings group among them.

4. The main grievance of the petitioners is that the wages being paid to them is below the minimum wages in spite of the hectic work assigned to them.

5. The first respondent filed a counter affidavit stating that the Government of India is providing 90% of the funds for the administrative and operative cost of the ICDS Scheme and 10% of the cost was borne by the State Government. In addition to the aforesaid sharing pattern, the ratio for new component is 75:25 under the restructured ICDS scheme during the 12th plan period. They would allege that for effective implementation of the scheme, guidelines have been issued by the Central Government. It is alleged that as regards the Anganwadi workers/helpers, they are honorary female workers recruited from the local communities through a selection committee constituted by the concerned State Governments as per the said guidelines issued by the Government of India. The stand taken by them is that in view of the very nature of the role of Anganwadi workers/ helpers in the ICDS Scheme, these functionaries cannot be declared as “Government employees” and they cannot be extended the benefits like pension, gratuity, earned leave, medical leave, maternity leave, child care leave etc. They maintain the stand that they are not holding any civil post on the strength of the decision of the Apex Court in State of Karnataka and others v Ameerbi and others 2007(11) SCC 681.

6. The second respondent filed a detailed counter affidavit. The stand taken by them is that considering the nature of role of the Anganwadi workers and helpers in the ICDS scheme, these functionaries cannot be declared as “Government Employees” and hence they are not entitled to the benefits extended to the government employees. They also draw support from the decision of the Apex Court in Ameerbi's case(surpa).

7. I have heard the learned counsel for the petitioners, the learned Assistant Solicitor General and the learned Senior Government Pleader in the matter.

8. The State as well as the Central Government for the contesting respondents gave thrust to the argument that the Anganwadi workers and helpers are not holding any civil posts under the Central or State Government. In support of their argument, they placed reliance on the decision of the Apex Court in Ameerbi's case (supra). There cannot be any quarrel against the proposition that they are not holding any civil post. However, in Ameerbi's case (supra), the Apex Court confined its decision only on one questi