The services rendered by the Supervisor (ICDS) in the post of Anganwadi workers should be taken into consideration and 50% of such services shall be counted for pensionary benefits.

Learned counsel, Mr. C.S. Sinha for the petitioners and learned ASG, Mr. H. Deb for the respondent No.4 are present.

No representation on behalf of respondent Nos. 1, 2 and 3.

2. On earlier occasion also there was no representation on behalf of respondent Nos. 1, 2 and 3. On the request of learned counsel Mr. Sinha and Mr. Deb, the matter is taken up for disposal at the admission stage itself since it is submitted that the issue involved in these five writ petitions are covered by the judgment dated 24.01.2017, passed by this Court in WP(C) 71 of 2011. A copy of that judgment is placed on record.

3. After going through the writ petitions and the judgment dated 24.01.2017 I find justification in the submission of learned counsel of the parties that these writ petitions are well covered by that judgment because the facts and points of law are identical.

4. The writ petitioners were appointed as Anganwadi Workers under Integrated Child Development Project (ICDS). The Scheme was sponsored by the Central Govt. On their engagement by the State Govt. as Anganwadi Workers they used to get fixed amount as honorarium.

The petitioner of WP(C) 1100 of 2016 joined as Anganwadi Worker on 26.06.1979. The petitioner of WP(C) 1101 of 2016 joined as Anganwadi Worker on 06.06.1980. The petitioner of WP(C) 1103 of 2016 joined as Anganwadi Worker on 06.06.1980. The petitioner of WP(C) 1104 of 2016 joined as Anganwadi Worker on 13.06.1980 and the petitioner of WP(C) 1105 of 2016 joined as Anganwadi Worker on 06.06.1980.

5. 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 15.02.2007(Annexure4 to the writ petitions). 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.”

6. 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 percent of the post of Supervisor.

7. It is an admitted position that the petitioners were promoted to the post of Supervisor by Memo dated 02.01.2008 (Annexure2 to the writ petitions). All the petitioners have retired from the service. They have been denied pension on the ground that they did not serve the requisite period of pensionable service after their promotion as Supervisor (ICDS).

8. In WP(C) 71 of 2011, the contention of the State respondents was that the petitioners were engaged under the ICDS scheme projected by the Central Government on honorarium basis and only after their promotion in the post of Supervisor (ICDS) they got the status of a State Government employee. The period they served in the post of Supervisor (ICDS) was not sufficient to count as a pensionable service and therefore they could not be given pension.

9. It is not in dispute that by Memo. No.F.8(3)FIN(G)/78, dated 25.02.2010 (Annexure6 to the writ petitions), the State Govt. allowed counting of half of the services of the Contingent Workers/DRWs/Monthly Rated Workers/Casual Workers for the purpose of pension.

10. We are in a welfare State and all schemes, rules, regulations, are aimed towards welfare of the citizens. Anganwadi wor