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2017 Supreme(Tri) 120
IN THE HIGH COURT OF TRIPURA AGARTALA
S.C. DAS, J.
Smt. Sandhya Banik, W/O Sri Satyendra Kr. Banik - Petitioners
Vs.
The State of Tripura – Respondent
WP(C) No.71 of 2011, 482 of 2014
Decided on : 24-01-2017
Advocate Appeared:
For the Petitioners:Mr. C.S. Sinha, Advocate, Mr. Somik Deb, Advocate
For the Respondents:Mrs. A.S. Lodh, Addl. G.A., Mr. J. Majumder, Advocate
Recognition of services and welfare nature of the scheme influenced the court's decision to allow 50% of the services rendered as Anganwadi workers to be counted for pensionary benefits.
Headnote:
Anganwadi Workers - Pensionary Benefits - Recruitment Rules - [Integrated Child Development Project(ICDS) - F.11(19)DSWE/ESTT/88 dated 15.07.2007 - Memo. vide No.F8(3)/Fin(G)/78 dated 19.07.1982] - The court allowed 50% of the total period of service rendered as Anganwadi workers by Supervisor(ICDS) to be counted for pensionary benefits, based on the welfare nature of the scheme and the recognition of services of Anganwadi workers by the State Government.
Fact of the Case:
The petitioners, Anganwadi workers under ICDS, were denied pension after being promoted to Supervisor(ICDS) due to insufficient pensionable service. The State Government contended that only service as Supervisor(ICDS) was pensionable.
Finding of the Court:
The court held that 50% of the services rendered as Anganwadi workers should be counted for pensionary benefits, considering the welfare nature of the scheme and the recognition of services of Anganwadi workers by the State Government.
Issues: Denial of pensionary benefits to Anganwadi workers after promotion to Supervisor(ICDS) based on the interpretation of recruitment rules and pension eligibility.
Ratio Decidendi: Recognition of the services of Anganwadi workers by the State Government and the welfare nature of the scheme influenced the court's decision to allow 50% of the services rendered as Anganwadi workers to be counted for pensionary benefits.
Final Decision: The State respondents were directed to process the cases of the petitioners for pensionary benefits after taking into account 50% of their services rendered as Anganwadi workers, and if found eligible, their cases should be processed for pension within three months.
Both the writ petitions were taken up together for hearing on the prayer of learned counsel of the parties since the facts were identical and the point of law raised in both the writ petitions were also identical.
2. Heard learned counsel, Mr. C.S. Sinha for the petitioners in WP(C) No.71 of 2011 and learned counsel, Mr. Somik Deb for the petitioners in WP(C) No.482 of 2014. Also heard learned Addl. G.A., Mrs. A.S. Lodh and learned counsel, Mr. J. Majumder for the respondents in both the writ petitions.
3. At the very outset, learned counsel Mr. Deb has submitted that petitioner Nos.2, 3, 4, 5 and 7 have made separate writ petitions and therefore prayed for deleting the names of those petitioners from the array of the petitioners of WP(C) No.482 of 2014.
It is further submitted by learned counsel Mr. Deb that petitioner Nos.13 and 30 is the same petitioner and has been mentioned twice inadvertently and further the said petitioner Shila Das also submitted a separate writ petition and therefore prayed for deleting her name.
Prayers are allowed. The names of petitioner Nos.2, 3, 4, 5, 7 and 13 and 30 deleted from the array of the petitioners in WP(C) No.482 of 2014.
4. Undisputed, rather admitted facts are that all the petitioners were appointed as Anganwadi workers under Integrated Child Development Project(ICDS). The scheme was sponsored by the Central Government. On their engagement by the State Government as Anganwadi workers they used to get a fixed amount as honorarium.
The petitioners of WP(C) No.71 of 2011 were appointed on 06.06.1980, 03.12.1980, 24.06.1997 and 06.06.1980 respectively.
The petitioners of WP(C) No.482 of 2014, excepting that of the petitioner Nos.2, 3, 4, 5, 7 and 13/30 were appointed on different dates as follows—
Smt. Mamata Debi
10.12.1980
Smt. Laxmi Sen
04.12.1980
Smt. Nilima Bhattacharjee
03.12.1980
Smt. Manju Datta
03.12.1980
Smt. Laxmi Das
Smt. Shefali Rani Mohanta
06.12.1980
Smt. Aparna Dey
10.12.1980
Smt. Bani Rani Das
Smt. Swapna Das
Smt. Gouri Suklabaidya
08.12.1980
Smt. Pranati Paul
03.12.1980
Smt. Chitra Rani Sinha
05.12.1980
Smt. Nilima Deb
08.12.1980
Smt. Ranu Paul
06.12.1980
Smt. Suniti Dey
24.06.1979
Smt. Sabita Kar
04.12.1980
Smt. Maya Rani Nath
03.12.1980
Smt. Anita Das
08.12.1980
Smt. Joya Ghosh Barman
06.12.1980
Smt. Pratima Chatterjee
08.12.1980
Smt. Archana Datta
08.12.1980
Smt. Bhabani Bhattacharjee
06.12.1980
Smt. Kalpana Nath Choudhari
05.12.1980
5. The petitioner Nos.10, 15 and 16 of WP(C) No.482 of 2014 did not furnish their dates of appointment. So their cases cannot be taken to consideration as to which dates they were engaged as Anganwadi worker.
6. It is also an admitted position that the State respondents made recruitment rules for the post of Supervisor(ICDS) by notification vide No.F.11(19)DSWE/ESTT/88 dated 15.07.2007(Annexure 5 to WP(C) No.71 of 2011). That recruitment rule prescribes the mode of recruitment in item No.11 of the Schedule which reads as follows:
“11. In case recruitment by : promotion/deputation/transfer, grade from which promotion/deputation/transfer is to be made.
“By Promotion
a) 50% promotion from Junior Social Education Organisers/Junior Social Education Organisers(Female) who have passed the Madhyamik or its equivalent Examination and rendered not less than 5(five) years’ service in the grade. b) 50% by promotion from Anganwadi Workers who have passed the Madhyamik or its equivalent examination and rendered not less than 10(ten) years’ service as Anganwadi Workers.”
7. It is therefore evident that the State respondents made rule for promotion to the post of Supervisor which is a regular post by way of promotion from the post of Awanwadi workers to the extent of 50
