By the Court.—Heard Mr. K.P. Agarwal, Senior Counsel, assisted by Ms. Sumati Rani, Sri S. Pratap Singh, another learned counsel who appeared in one of the two appeals for the appellants/petitioners and Sri M.C. Chatruvedi, learned Chief Standing Counsel assisted by Dr. Y.K. Srivastava for State of U.P.

2. Both the appellants/petitioners in Special Appeal No. 1121 of 2005 were appointed as Anganwadi workers on 22.2.2003 and 18.2.2003 respectively. Their services were dispensed with by Child Development Project Officer(CDPO) vide order dated 13.7.2005 without conducting any inquiry or affording opportunity of hearing on the ground that on surprise inspection held on 8.7.2005 the centre was found closed. The writ petition No. 55833 of 2005 filed by the appellants/petitioners challenging the above order of termination was dismissed by the learned Single Judge following the Division Bench Judgement of the Court in the case of Smt. Sunaina Singh v. District Magistrate and another, 2003 (4) ESC 2039 as Anganwadi Worker is not a holder of a civil post and as such has no right to challenge the termination by way of a writ petition.

3. The Division Bench hearing the special appeal so preferred against the dismissal of the writ petition, finding it difficult to agree with the view expressed in Smt. Sunaina Singh (Supra) has referred the following question of law for consideration by the larger Bench :

“Whether a writ petition under Article 226 is maintainable by AnganBari Karyakarti who is appointed on temporary basis by the Child Development and Social Welfare Department of the State and is paid only honorarium.”

4. Similar is the position in Special Appeal No. 1210 of 2005, Smt. Sanju Devi and others v. State of U.P. and others and as such it has also been tagged with the present appeal.

5. In attempting to answer the above question referred it would be profitable to have a birds eye view of the Anganwadi system as is prevalent.

6. Government of India in order to secure social order for the promotion of welfare of people implemented Integrated Child Development Service (in short ICDS) programme on 2nd October 1975 for child care and welfare. The said programme is run under the auspicious of the Ministry of Human Resource Development Government of India. The World Bank has also joined the programme and is making substantial financial contribution.

7. The administrative structure of the programme is as follows:

Ministry of Human Resource Development

Government of India

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Department of Women and Child Development

Government of India

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Department of women and Child Development

Government of U.P.

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Directorate of Child Development

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District Programme Officer(DPO)

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Child Development project officer (CDPO) at the project level

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Supervisor at the sector level

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Anganwadi worker and helper at the village level

8. Anganwadi meaning Courtyard shelter is a Government sponsored scheme under the ICDS programme which renders child care services particularly to children upto the age of 6 years.

9. Anganwadi centres, at the grass root level, extends the benefits of the scheme. There are estimated 1.053 million Anganwadi centres in the country. Each centre is managed by an Anganwadi worker (karyakarti) appointed after 4 months of training in health nutrition and child care, and Anganwadi Sahayikas (helpers). Single Anganwadi worker covers a population of 1,000 persons. A supervisor called ‘Mukhya Sevika’ supervises the working of 20 to 25 Anganwadi workers. CDPO controls the working of four ‘Mukhya Sevikas’.

10. Anganwadi centres in the country employ 1.8 million mostly female workers and helpers. According to the Government figures, they provide coverage to over 58 million children and over 10 million pregnant and lactating women belonging to poor families by providing facilities of immunization, health, food, clean water, hygienic toilets, proper environment for infants, toddlers and pre-schools and learning.

11. At the beginning of the Scheme in 1975, the Anganwadi Wo